§ 2019.010.
Methods of discovery listed
§ 2019.020. Any Sequence; no priority or stay by
initiating
§ 2019.030.
Protective Order by party or non-party to limit
§ 2019.210. Trade Secret identification before
discovery

2016 .020. As
used in this title:
(a) "Action" includes a civil action and a special
proceeding of a civil nature.
(b) "Court" means the trial court in which the action is
pending, unless otherwise specified.
(c) "Document" and "writing" mean a writing, as defined in
Section 250 of the Evidence Code.(d)
"Electronic"means relating to technology having electrical,
digital,
magnetic, wireless, optical, electromagnetic, or
similar capabilities.(e)
"Electronically stored information" means information
that is
stored
in an electronic medium.

2016 .030. Unless the court
orders otherwise, the parties may by written stipulation
modify the procedures provided by this title for any
method of discovery permitted under Section 2019.010.

MEET & CONFER
DECLARATION

2016 .040. A meet and confer
declaration in support of a motion shall state facts
showing a reasonable and good faith attempt at an
informal resolution of each issue presented by the
motion.

EXTRA TIME / SERVICE
BY MAIL

2016 .050. Section 1013 applies to
any method of discovery or service of a motion provided
for in this title.

2016 .060. When the last day to
perform or complete any act provided for in this title
falls on a Saturday, Sunday, or holiday as specified in
Section 10, the time limit is extended until the next
court day closer to the trial date.

2016 .070. This title applies to
discovery in aid of enforcement of a money judgment only
to the extent provided in Article 1 (commencing with
Section 708.010) of Chapter 6 of Title 9 of Part 2.

Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regardingany matter, not privileged, that is relevant to the subject matterinvolved in the pending action or to the determination of any motionmade in that action, if the matter either is itself admissible inevidence or appears reasonably calculated to lead to the discovery ofadmissible evidence. Discovery may relate to the claim or defense ofthe party seeking discovery or of any other party to the action.Discovery may be obtained of the identity and location of personshaving knowledge of any discoverable matter, as well as of theexistence, description, nature, custody, condition, and location ofany document, electronically stored information, tangible thing, orland or other property.

PROTECTIVE ORDERS

2017.020.

(a) The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of thatdiscovery clearly outweighs the likelihood that the informationsought will lead to the discovery of admissible evidence. The courtmay make this determination pursuant to a motion for protective orderby a party or other affected person. This motion shall beaccompanied by a meet and confer declaration under Section 2016.040.(b) The court shall impose a monetary sanction under Chapter 7(commencing with Section 2023.010) against any party, person, orattorney who unsuccessfully makes or opposes a motion for aprotective order, unless it finds that the one subject to thesanction acted with substantial justification or that othercircumstances make the imposition of the sanction unjust.(c) (1) Notwithstanding subdivision (b), or any other section ofthis title, absent exceptional circumstances, the court shall notimpose sanctions on a party or any attorney of a party for failure toprovide electronically stored information that has been lost,damaged, altered, or overwritten as the result of the routine, goodfaith operation of an electronic information system.(2) This subdivision shall not be construed to alter anyobligation to preserve discoverable information.

2017.210. A party may obtain
discovery of the existence and contents of any agreement
under which any insurance carrier may be liable to
satisfy in whole or in part a judgment that may be
entered in the action or to indemnify or reimburse for
payments made to satisfy the judgment. This discovery
may include the identity of the carrier and the nature
and limits of the coverage. A party may also obtain
discovery as to whether that insurance carrier is
disputing the agreement's coverage of the claim involved
in the action, but not as to the nature and substance of
that dispute. Information concerning the insurance
agreement is not by reason of disclosure admissible in
evidence at trial.

SEXUAL CONDUCT

2017.220. (a) In any civil action
alleging conduct that constitutes sexual harassment,
sexual assault, or sexual battery, any party seeking
discovery concerning the plaintiff's sexual conduct with
individuals other than the alleged perpetrator shall
establish specific facts showing that there is good
cause for that discovery, and that the matter sought to
be discovered is relevant to the subject matter of the
action and reasonably calculated to lead to the
discovery of admissible evidence. This showing shall be
made by a noticed motion, accompanied by a meet and
confer declaration under Section 2016 .040, and shall
not be made or considered by the court at an ex parte
hearing.

(b) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion for
discovery under subdivision (a), unless it finds that
the one subject to the sanction acted with substantial
justification or that other circumstances make the
imposition of the sanction unjust.

2017 .310. (a) Notwithstanding any
other provision of law, it is the policy of the State of
California that confidential settlement agreements are
disfavored in any civil action the factual foundation
for which establishes a cause of action for a violation
of the Elder Abuse and Dependent Adult Civil Protection
Act (Chapter 11(commencing with Section 15600) of Part 3
of Division 9 of the Welfare and Institutions Code).
(b) Provisions of a confidential settlement agreement
described in subdivision (a) may not be recognized or
enforced by the court absent a showing of any of the
following: (1) The information is privileged under
existing law. (2) The information is not evidence of
abuse of an elder or dependent adult, as described in
Sections 15610.30, 15610.57, and 15610.63 of the Welfare
and Institutions Code. (3) The party seeking to uphold
the confidentiality of the information has demonstrated
that there is a substantial probability that prejudice
will result from the disclosure and that the party's
interest in the information cannot be adequately
protected through redaction.
(c) Nothing in paragraph (1), (2), or (3) of subdivision
(b) permits the sealing or redacting of a defendant's
name in any information made available to the public.
(d) Except as expressly provided in this section,
nothing in this section is intended to alter, modify, or
amend existing law.
(e) Nothing in this section may be deemed to prohibit
the entry or enforcement of that part of a
confidentiality agreement, settlement agreement, or
stipulated agreement between the parties that requires
the nondisclosure of the amount of any money paid in a
settlement of a claim.
(f) Nothing in this section applies to or affects an
action for professional negligence against a health care
provider.

2017 .320. (a) In any civil action
the factual foundation for which establishes a cause of
action for a violation of the Elder Abuse and Dependent
Adult Civil Protection Act (Chapter 11 (commencing with
Section 15600) of Part 3 of Division 9 of the Welfare
and Institutions Code), any information that is acquired
through discovery and is protected from disclosure by a
stipulated protective order shall remain subject to the
protective order, except for information that is
evidence of abuse of an elder or dependent adult as
described in Sections 15610.30, 15610.57, and 15610.63
of the Welfare and Institutions Code.
(b) In that instance, after redacting information in the
document that is not evidence of abuse of an elder or
dependent adult as described in Sections 15610.30,
15610.57, and 15610.63 of the Welfare and Institutions
Code, a party may file that particularized information
with the court. The party proposing to file the
information shall offer to meet and confer with the
party from whom the information was obtained at least
one week prior to filing that information with the
court.
(c) The filing party shall give concurrent notice of the
filing with the court and its basis to the party from
whom the information was obtained.
(d) Any filed information submitted to the court shall
remain confidential under any protective order for 30
days after the filing and shall be part of the public
court record thereafter, unless an affected party
petitions the court and shows good cause for a court
protective order.
(e) The burden of showing good cause shall be on the
party seeking the court protective order.
(f) A stipulated protective order may not be recognized
or enforced by the court to prevent disclosure of
information filed with the court pursuant to subdivision
(b), absent a showing of any of the following: (1) The
information is privileged under existing law. (2) The
information is not evidence of abuse of an elder or
dependent adult as described in Sections 15610.30,
15610.57, and 15610.63 of the Welfare and Institutions
Code. (3) The party seeking to uphold the
confidentiality of the information has demonstrated that
there is a substantial probability that prejudice will
result from the disclosure and that the party's interest
in the information cannot be adequately protected
through redaction. (g) If the court denies the petition
for a court protective order, it shall redact any part
of the filed information it finds is not evidence of
abuse of an elder or dependent adult, as described in
Sections 15610.30, 15610.57, and 15610.63 of the Welfare
and Institutions Code. Nothing in this subdivision or in
paragraph (1), (2), or (3) of subdivision (f) permits
the sealing or redacting of a defendant's name in any
information made available to the public.
(h) Nothing in this section applies to or affects an
action for professional negligence against a health care
provider.

2018 .020. It is the policy of
the state to do both of the following:
(a) Preserve the rights of attorneys to prepare cases
for trial with that degree of privacy necessary to
encourage them to prepare their cases thoroughly and to
investigate not only the favorable but the unfavorable
aspects of those cases.
(b) Prevent attorneys from taking undue advantage of
their adversary's industry and efforts.

2018 .030. (a) A writing that
reflects an attorney's impressions, conclusions,
opinions, or legal research or theories is not
discoverable under any circumstances.
(b) The work product of an attorney, other than a
writing described in subdivision (a), is not
discoverable unless the court determines that denial of
discovery will unfairly prejudice the party seeking
discovery in preparing that party's claim or defense or
will result in an injustice.

2018 .040. This
chapter is intended to be a restatement of existing law
relating to protection of work product. It is not intended
to expand or reduce the extent to which work product is
discoverable under existing law in any action.

2018 .050.
Notwithstanding Section 2018 .040, when a lawyer is
suspected of knowingly participating in a crime or fraud,
there is no protection of work product under this chapter
in any official investigation by a law enforcement agency
or proceeding or action brought by a public prosecutor in
the name of the people of the State of California if the
services of the lawyer were sought or obtained to enable
or aid anyone to commit or plan to commit a crime or
fraud.

2018 .060.
Nothing in this chapter is intended to limit an attorney'
s ability to request an in camera hearing as provided for
in People v. Superior Court (Laff) (2001) 25 Cal.4th 703

2018 .070. (a)
The State Bar may discover the work product of an attorney
against whom disciplinary charges are pending when it is
relevant to issues of breach of duty by the lawyer and
requisite client approval has been granted.
(b) Where requested and for good cause, discovery under
this section shall be subject to a protective order to
ensure the confidentiality of the work product except for
its use by the State Bar in disciplinary investigations
and its consideration under seal in State Bar Court
proceedings.
(c) For purposes of this chapter, whenever a client has
initiated a complaint against an attorney, the requisite
client approval shall be deemed to have been
granted.
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2018 .080. In an
action between an attorney and a client or a former client
of the attorney, no work product privilege under this
chapter exists if the work product is relevant to an issue
of breach by the attorney of a duty to the client arising
out of the attorney-client relationship.

2019 .010. Any party may obtain
discovery by one or more of the following methods:
(a) Oral and written depositions.
(b) Interrogatories to a party.
(c) Inspections of documents, things, and places.
(d) Physical and mental examinations.
(e) Requests for admissions.
(f) Simultaneous exchanges of expert trial witness
information.

2019 .020. (a) Except as otherwise
provided by a rule of the Judicial Council, a local
court rule, or a local uniform written policy, the
methods of discovery may be used in any sequence, and
the fact that a party is conducting discovery, whether
by deposition or another method, shall not operate to
delay the discovery of any other party.
(b) Notwithstanding subdivision (a), on motion and for
good cause shown, the court may establish the sequence
and timing of discovery for the convenience of parties
and witnesses and in the interests of
justice.
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2019 .030.
(a) The court shall restrict the frequency or extent of
use of a discovery method provided in Section 2019 .010
if it determines either of the following: (1) The
discovery sought is unreasonably cumulative or
duplicative, or is obtainable from some other source
that is more convenient, less burdensome, or less
expensive. (2) The selected method of discovery is
unduly burdensome or expensive, taking into account the
needs of the case, the amount in controversy, and the
importance of the issues at stake in the litigation.
(b) The court may make these determinations pursuant to
a motion for a protective order by a party or other
affected person. This motion shall be accompanied by a
meet and confer declaration under Section 2016.040.
(c) The court shall impose a monetary sanction under
Chapter 7 (commencing with Section 2023.010) against any
party, person, or attorney who unsuccessfully makes or
opposes a motion for a protective order, unless it finds
that the one subject to the sanction acted with
substantial justification or that other circumstances
make the imposition of the sanction unjust.

2019.040.

(a) When any method of discovery permits the production, inspection, copying, testing, or sampling of documents ortangible things, that method shall also permit the production,inspection, copying, testing, or sampling of electronically storedinformation.(b) All procedures available under this title to compel, prevent,or limit the production, inspection, copying, testing, or sampling ofdocuments or tangible things shall be available to compel, prevent,or limit the production, inspection, copying, testing, or sampling ofelectronically stored information.

2019 .210. In any action alleging
the misappropriation of a trade secret under the Uniform
Trade Secrets Act (Title 5 (commencing with Section
3426) of Part 1 of Division 4 of the Civil Code), before
commencing discovery relating to the trade secret, the
party alleging the misappropriation shall identify the
trade secret with reasonable particularity subject to
any orders that may be appropriate under Section 3426.5
of the Civil Code.

NON-PARTY DEPOSITION
DISCOVERY
C.C.P.§2020SEE ALSO § 2019.030.
Protective Order by non-party to limit

§ 2020.240.
Sanctions: contempt, forfeiture &
damages
§ 2020.310. Subpoena content, only
attendance and testimony
§ 2020.410.
Subpoena content, only production of
business records
§ 2020.420. Depo Officer, only production of
business records
§ 2020.430. Production of business records
to Depo Officer
Subsec. (e) production to attorney per
Ev.C.§1560
See also Consumer Records protections
C.C.P.§1985.3
§ 2020.440. Duties of depo officer; copies
to parties requesting
§ 2020.510.
Subpoena content, testimony & production
of documents

2020.010. (a) Any
of the following methods may be used to obtain discovery
within the state from a person who is not a party to the
action in which the discovery is sought:

(1) An
oral deposition under Chapter 9 (commencing with Section
2025.010).
(2) A written deposition under Chapter 11 (commencing
with Section 2028.010).
(3) A deposition for production of business records and
things under Article 4 (commencing with Section 2020
.410) or Article 5 (commencing with Section 2020 .510).

(b) Except as provided in subdivision
(a) of Section 2025.280, the process by which a nonparty
is required to provide discovery is a deposition subpoena.

(a) Only the attendance and the testimony of the deponent, under Article 3 (commencing with Section 2020.310).(b) Only the production of business records for copying, under Article 4 (commencing with Section 2020.410).(c) The attendance and the testimony of the deponent, as well as the production of business records, other documents, electronically stored information, and tangible things, under Article 5 (commencing with Section 2020.510).

2020 .030. Except as modified
in this chapter, the provisions of Chapter 2 (commencing
with Section 1985) of Title 3 of Part 4 of this code,
and of Article 4 (commencing with Section 1560) of
Chapter 2 of Division 11 of the Evidence Code, apply to
a deposition subpoena.

2020 .210. (a) The clerk of
the court in which the action is pending shall issue a
deposition subpoena signed and sealed, but otherwise in
blank, to a party requesting it, who shall fill it in
before service.
(b) Instead of a court-issued deposition subpoena, an
attorney of record for any party may sign and issue a
deposition subpoena. A deposition subpoena issued under
this subdivision need not be sealed. A copy may be
served on the nonparty, and the attorney may retain the
original.

serviceof a deposition subpoena shall be effected a sufficient timein advance of the deposition to provide the deponent a reasonableopportunity to locate and produce any designated business records,documents, electronically stored information, and tangible things, asdescribed in Article 4 (commencing with Section 2020.410), and,where personal attendance is commanded, a reasonable time to travelto the place of deposition.(b) Any person may serve the subpoena by personal delivery of acopy of it as follows:(1) If the deponent is a natural person, to that person.(2) If the deponent is an organization, to any officer, director,custodian of records, or to any agent or employee authorized by theorganization to accept service of a subpoena.(c) Personal service of any deposition subpoena is effective torequire all of the following of any deponent who is a resident ofCalifornia at the time of service:(1) Personal attendance and testimony, if the subpoena sospecifies.(2) Any specified production, inspection, testing, and sampling.(3) The deponent's attendance at a court session to consider anyissue arising out of the deponent's refusal to be sworn, or to answerany question, or to produce specified items, or to permit inspectionor photocopying, if the subpoena so specifies, or specified testingand sampling of the items produced.(d) Unless the subpoenaing party and the subpoenaed personotherwise agree or the court otherwise orders, the following shallapply:(1) If a subpoena requiring production of electronically storedinformation does not specify a form or forms for producing a type ofelectronically stored information, the person subpoenaed shallproduce the information in the form or forms in which it isordinarily maintained or in a form that is reasonably usable.(2) A subpoenaed person need not produce the same electronicallystored information in more than one form.(e) The subpoenaed person opposing the production, inspection,copying, testing, or sampling of electronically stored information onthe basis that the information is from a source that is notreasonably accessible because of undue burden or expense shall bearthe burden of demonstrating that the information is from a sourcethat is not reasonably accessible because of undue burden or expense.(f) If the person from whom discovery of electronically storedinformation is subpoenaed establishes that the information is from asource that is not reasonably accessible because of undue burden orexpense, the court may nonetheless order discovery if the subpoenaingparty shows good cause, subject to any limitations imposed undersubdivision (i).(g) If the court finds good cause for the production ofelectronically stored information from a source that is notreasonably accessible, the court may set conditions for the discoveryof the electronically stored information, including allocation ofthe expense of discovery.(h) If necessary, the subpoenaed person, at the reasonable expenseof the subpoenaing party, shall, through detection devices,translate any data compilations included in the subpoena into areasonably usable form.(i) The court shall limit the frequency or extent of discovery ofelectronically stored information, even from a source that isreasonably accessible, if the court determines that any of thefollowing conditions exists:(1) It is possible to obtain the information from some othersource that is more convenient, less burdensome, or less expensive.(2) The discovery sought is unreasonably cumulative orduplicative.(3) The party seeking discovery has had ample opportunity bydiscovery in the action to obtain the information sought.(4) The likely burden or expense of the proposed discoveryoutweighs the likely benefit, taking into account the amount incontroversy, the resources of the parties, the importance of theissues in the litigation, and the importance of the requesteddiscovery in resolving the issues.(j) If a subpoenaed person notifies the subpoenaing party thatelectronically stored information produced pursuant to a subpoena issubject to a claim of privilege or of protection as attorney workproduct, as described in Section 2031.285, the provisions of Section2031.285 shall apply.(k) A party serving a subpoena requiring the production ofelectronically stored information shall take reasonable steps toavoid imposing undue burden or expense on a person subject to thesubpoena.(l) An order of the court requiring compliance with a subpoenaissued under this section shall protect a person who is neither aparty nor a party's officer from undue burden or expense resultingfrom compliance.(m) (1) Absent exceptional circumstances, the court shall notimpose sanctions on a subpoenaed person or any attorney of asubpoenaed person for failure to provide electronically storedinformation that has been lost, damaged, altered, or overwritten asthe result of the routine, good faith operation of an electronicinformation system.(2) The subdivision shall not be construed to alter any obligationto preserve discoverable information.

2020 .230. (a) If a deposition
subpoena requires the personal attendance of the
deponent, under Article 3 (commencing with Section 2020
.310) or Article 5 (commencing with Section 2020 .510),
the party noticing the deposition shall pay to the
deponent in cash or by check the same witness fee and
mileage required by Chapter 1 (commencing with Section
68070) of Title 8 of the Government Code for attendance
and testimony before the court in which the action is
pending. This payment, whether or not demanded by the
deponent, shall be made, at the option of the party
noticing the deposition, either at the time of service
of the deposition subpoena, or at the time the deponent
attends for the taking of testimony.
(b) Service of a deposition subpoena that does not
require the personal attendance of a custodian of
records or other qualified person, under Article 4
(commencing with Section 2020 .410), shall be
accompanied, whether or not demanded by the deponent, by
a payment in cash or by check of the witness fee
required by paragraph (6) of subdivision (b) of Section
1563 of the Evidence Code.

2020
.240. A deponent who disobeys a deposition subpoena in
any manner described in subdivision (c) of Section 2020
.220 may be punished for contempt under Chapter 7
(commencing with Section 2023.010) without the necessity
of a prior order of court directing compliance by the
witness. The deponent is also subject to the forfeiture
and the payment of damages set forth in Section 1992.

2020 .310. The following rules
apply to a deposition subpoena that commands only the
attendance and the testimony of the deponent:
(a) The subpoena shall specify the time when and the
place where the deponent is commanded to attend the
deposition.
(b) The subpoena shall set forth a summary of all of the
following: (1) The nature of a deposition. (2) The
rights and duties of the deponent. (3) The penalties for
disobedience of a deposition subpoena, as described in
Section 2020 .240.
(c) If the deposition will be recorded using audio or
video technology by, or at the direction of, the
noticing party under Section 2025.340, the subpoena
shall state that it will be recorded in that manner.
(d) If the deposition testimony will be conducted using
instant visual display, the subpoena shall state that it
will be conducted in that manner.
(e) If the deponent is an organization, the subpoena
shall describe with reasonable particularity the matters
on which examination is requested. The subpoena shall
also advise the organization of its duty to make the
designation of employees or agents who will attend the
deposition, as described in Section 2025.230.

2020.410. (a) A deposition subpoena that
commands only the

production of business records for copying shall designate thebusiness records to be produced either by specifically describingeach individual item or by reasonably particularizing each categoryof item, and shall specify the form in which any electronicallystored information is to be produced, if a particular form isdesired.(b) Notwithstanding subdivision (a), specific informationidentifiable only to the deponent's records system, like a policynumber or the date when a consumer interacted with the witness, isnot required.(c) A deposition subpoena that commands only the production ofbusiness records for copying need not be accompanied by an affidavitor declaration showing good cause for the production of the businessrecords designated in it. It shall be directed to the custodian ofthose records or another person qualified to certify the records. Itshall command compliance in accordance with Section 2020.430 on adate that is no earlier than 20 days after the issuance, or 15 daysafter the service, of the deposition subpoena, whichever date islater.(d) If, under Section 1985.3 or 1985.6, the one to whom thedeposition subpoena is directed is a witness, and the businessrecords described in the deposition subpoena are personal recordspertaining to a consumer, the service of the deposition subpoenashall be accompanied either by a copy of the proof of service of thenotice to the consumer described in subdivision (e) of Section1985.3, or subdivision (b) of Section 1985.6, as applicable, or bythe consumer's written authorization to release personal recordsdescribed in paragraph (2) of subdivision (c) of Section 1985.3, orparagraph (2) of subdivision (c) of Section 1985.6, as applicable.

2020 .420. The officer for a
deposition seeking discovery only of business records
for copying under this article shall be a professional
photocopier registered under Chapter 20 (commencing with
Section 22450) of Division 8 of the Business and
Professions Code, or a person exempted from the
registration requirements of that chapter under Section
22451 of the Business and Professions Code. This
deposition officer shall not be financially interested
in the action, or a relative or employee of any attorney
of the parties. Any objection to the qualifications of
the deposition officer is waived unless made before the
date of production or as soon thereafter as the ground
for that objection becomes known or could be discovered
by reasonable diligence.

2020 .430. (a) Except as
provided in subdivision (e), if a deposition subpoena
commands only the production of business records for
copying, the custodian of the records or other qualified
person shall, in person, by messenger, or by mail,
deliver both of the following only to the deposition
officer specified in the subpoena: (1) A true, legible,
and durable copy of the records. (2) An affidavit in
compliance with Section 1561 of the Evidence Code.

(b) If the delivery required by
subdivision (a) is made to the office of the deposition
officer, the records shall be enclosed, sealed, and
directed as described in subdivision (c) of Section 1560
of the Evidence Code.

(c) If the delivery required by
subdivision (a) is made at the office of the business
whose records are the subject of the deposition
subpoena, the custodian of those records or other
qualified person shall do one of the following: (1)
Permit the deposition officer specified in the
deposition subpoena to make a copy of the originals of
the designated business records during normal business
hours, as defined in subdivision (e) of Section 1560 of
the Evidence Code. (2) Deliver to the deposition officer
a true, legible, and durable copy of the records on
receipt of payment in cash or by check, by or on behalf
of the party serving the deposition subpoena, of the
reasonable costs of preparing that copy, together with
an itemized statement of the cost of preparation, as
determined under subdivision (b) of Section 1563 of the
Evidence Code. This copy need not be delivered in a
sealed envelope.

(d) Unless the parties, and if the
records are those of a consumer as defined in Section
1985.3 or 1985.6, the consumer, stipulate to an earlier
date, the custodian of the records shall not deliver to
the deposition officer the records that are the subject
of the deposition subpoena prior to the date and time
specified in the deposition subpoena. The following
legend shall appear in boldface type on the deposition
subpoena immediately following the date and time
specified for production: "Do not release the requested
records to the deposition officer prior to the date and
time stated above."

(e) This section does not apply if
the subpoena directs the deponent to make the records
available for inspection or copying by the subpoenaing
party's attorney or a representative of that attorney at
the witness' business address under subdivision (e) of
Section 1560 of the Evidence Code.

(f) The provisions of Section 1562
of the Evidence Code concerning the admissibility of the
affidavit of the custodian or other qualified person
apply to a deposition subpoena served under this
article.
Non-party
Depo
table

2020 .440. Promptly on or
after the deposition date and after the receipt or the
making of a copy of business records under this article,
the deposition officer shall provide that copy to the
party at whose instance the deposition subpoena was
served, and a copy of those records to any other party
to the action who then or subsequently, within a period
of six months following the settlement of the case,
notifies the deposition officer that the party desires
to purchase a copy of those records.
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ATTENDANCE
& PRODUCTION

2020.510. (a) A deposition subpoena that
commands the attendance

and the testimony of the deponent, as well as the production ofbusiness records, documents, electronically stored information, andtangible things, shall:(1) Comply with the requirements of Section 2020.310.(2) Designate the business records, documents, electronicallystored information, and tangible things to be produced either byspecifically describing each individual item or by reasonablyparticularizing each category of item.(3) Specify any testing or sampling that is being sought.(4) Specify the form in which any electronically storedinformation is to be produced, if a particular form is desired.(b) A deposition subpoena under subdivision (a) need not beaccompanied by an affidavit or declaration showing good cause for theproduction of the documents and things designated.(c) If, as described in Section 1985.3, the person to whom thedeposition subpoena is directed is a witness, and the businessrecords described in the deposition subpoena are personal recordspertaining to a consumer, the service of the deposition subpoenashall be accompanied either by a copy of the proof of service of thenotice to the consumer described in subdivision (e) of Section1985.3, or by the consumer's written authorization to releasepersonal records described in paragraph (2) of subdivision (c) ofSection 1985.3.(d) If, as described in Section 1985.6, the person to whom thedeposition subpoena is directed is a witness and the business recordsdescribed in the deposition subpoena are employment recordspertaining to an employee, the service of the deposition subpoenashall be accompanied either by a copy of the proof of service of thenotice to the employee described in subdivision (e) of Section1985.6, or by the employee's written authorization to releasepersonal records described in paragraph (2) of subdivision (c) ofSection 1985.6.

2023 .010. Misuses of the discovery
process include, but are not limited to, the following:
(a) Persisting, over objection and without substantial
justification, in an attempt to obtain information or
materials that are outside the scope of permissible
discovery.
(b) Using a discovery method in a manner that does not
comply with its specified procedures.
(c) Employing a discovery method in a manner or to an
extent that causes unwarranted annoyance, embarrassment,
or oppression, or undue burden and expense.
(d) Failing to respond or to submit to an authorized
method of discovery.
(e) Making, without substantial justification, an
unmeritorious objection to discovery.
(f) Making an evasive response to discovery.
(g) Disobeying a court order to provide discovery.
(h) Making or opposing, unsuccessfully and without
substantial justification, a motion to compel or to
limit discovery.
(i) Failing to confer in person, by telephone, or by
letter with an opposing party or attorney in a
reasonable and good faith attempt to resolve informally
any dispute concerning discovery, if the section
governing a particular discovery motion requires the
filing of a declaration stating facts showing that an
attempt at informal resolution has been made.

2023 .020.
Notwithstanding the outcome of the particular discovery
motion, the court shall impose a monetary sanction
ordering that any party or attorney who fails to confer as
required pay the reasonable expenses, including attorney's
fees, incurred by anyone as a result of that conduct.

2023.030. To the extent
authorized by the chapter governing any

particular discovery method or any other provision of this title, thecourt, after notice to any affected party, person, or attorney, andafter opportunity for hearing, may impose the following sanctionsagainst anyone engaging in conduct that is a misuse of the discoveryprocess:(a) The court may impose a monetary sanction ordering that oneengaging in the misuse of the discovery process, or any attorneyadvising that conduct, or both pay the reasonable expenses, includingattorney's fees, incurred by anyone as a result of that conduct. Thecourt may also impose this sanction on one unsuccessfully assertingthat another has engaged in the misuse of the discovery process, oron any attorney who advised that assertion, or on both. If a monetarysanction is authorized by any provision of this title, the courtshall impose that sanction unless it finds that the one subject tothe sanction acted with substantial justification or that othercircumstances make the imposition of the sanction unjust.(b) The court may impose an issue sanction ordering thatdesignated facts shall be taken as established in the action inaccordance with the claim of the party adversely affected by themisuse of the discovery process. The court may also impose an issuesanction by an order prohibiting any party engaging in the misuse ofthe discovery process from supporting or opposing designated claimsor defenses.(c) The court may impose an evidence sanction by an orderprohibiting any party engaging in the misuse of the discovery processfrom introducing designated matters in evidence.(d) The court may impose a terminating sanction by one of thefollowing orders:(1) An order striking out the pleadings or parts of the pleadingsof any party engaging in the misuse of the discovery process.(2) An order staying further proceedings by that party until anorder for discovery is obeyed.(3) An order dismissing the action, or any part of the action, ofthat party.(4) An order rendering a judgment by default against that party.(e) The court may impose a contempt sanction by an order treatingthe misuse of the discovery process as a contempt of court.(f) (1) Notwithstanding subdivision (a), or any other section ofthis title, absent exceptional circumstances, the court shall notimpose sanctions on a party or any attorney of a party for failure toprovide electronically stored information that has been lost,damaged, altered, or overwritten as the result of the routine, goodfaith operation of an electronic information system.(2) This subdivision shall not be construed to alter anyobligation to preserve discoverable information.

2023
.040. A request for a sanction shall, in the notice of
motion, identify every person, party, and attorney
against whom the sanction is sought, and specify the
type of sanction sought. The notice of motion shall be
supported by a memorandum of points and authorities, and
accompanied by a declaration setting forth facts
supporting the amount of any monetary sanction sought.

2024 .010. As used in this
chapter, discovery is considered completed on the day a
response is due or on the day a deposition begins.

2024 .020. (a) Except as otherwise provided in this
chapter, any party shall be entitled as a matter of
right to complete discovery proceedings on or before the
30th day, and to have motions concerning discovery heard
on or before the 15th day, before the date initially set
for the trial of the action.
(b) Except as provided in Section 2024 .050, a
continuance or postponement of the trial date does not
operate to reopen discovery proceedings.

2024 .030. Any party shall be
entitled as a matter of right to complete discovery
proceedings pertaining to a witness identified under
Chapter 18 (commencing with Section 2034.010) on or
before the 15th day, and to have motions concerning that
discovery heard on or before the 10th day, before the
date initially set for the trial of the action.

2024 .040. (a) The time limit
on completing discovery in an action to be arbitrated
under Chapter 2.5 (commencing with Section 1141.10) of
Title 3 of Part 3 is subject to Judicial Council Rule.
After an award in a case ordered to judicial
arbitration, completion of discovery is limited by
Section 1141.24.
(b) This chapter does not apply to either of the
following: (1) Summary proceedings for obtaining
possession of real property governed by Chapter 4
(commencing with Section 1159) of Title 3 of Part 3.
Except as provided in Sections 2024 .050 and 2025.060,
discovery in these proceedings shall be completed on or
before the fifth day before the date set for trial. (2)
Eminent domain proceedings governed by Title 7
(commencing with Section 1230.010) of Part 3.

2024 .050. (a) On motion of
any party, the court may grant leave to complete
discovery proceedings, or to have a motion concerning
discovery heard, closer to the initial trial date, or
to reopen discovery after a new trial date has been
set. This motion shall be accompanied by a meet and
confer declaration under Section 2016.040.
(b) In exercising its discretion to grant or deny this
motion, the court shall take into consideration any
matter relevant to the leave requested, including, but
not limited to, the following: (1) The necessity and
the reasons for the discovery. (2) The diligence or
lack of diligence of the party seeking the discovery
or the hearing of a discovery motion, and the reasons
that the discovery was not completed or that the
discovery motion was not heard earlier. (3) Any
likelihood that permitting the discovery or hearing
the discovery motion will prevent the case from going
to trial on the date set, or otherwise interfere with
the trial calendar, or result in prejudice to any
other party. (4) The length of time that has elapsed
between any date previously set, and the date
presently set, for the trial of the action.
(c) The court shall impose a monetary sanction under
Chapter 7 (commencing with Section 2023.010) against
any party, person, or attorney who unsuccessfully
makes or opposes a motion to extend or to reopen
discovery, unless it finds that the one subject to the
sanction acted with substantial justification or that
other circumstances make the imposition of the
sanction unjust.

2024 .060. Parties to an
action may, with the consent of any party affected by
it, enter into an agreement to extend the time for the
completion of discovery proceedings or for the hearing
of motions concerning discovery, or to reopen discovery
after a new date for trial of the action has been set.
This agreement may be informal, but it shall be
confirmed in a writing that specifies the extended date.
In no event shall this agreement require a court to
grant a continuance or postponement of the trial of the
action.

2025 .010. Any party may obtain
discovery within the scope delimited by Chapter 2
(commencing with Section 2017.010) and Chapter 3
(commencing with Section 2017.710), and subject to the
restrictions set forth in Chapter 5 (commencing with
Section 2019.010), by taking in California the oral
deposition of any person, including any party to the
action. The person deposed may be a natural person, an
organization such as a public or private corporation, a
partnership, an association, or a governmental agency.

2025 .210. Subject to Sections 2025
.270 and 2025 .610, an oral deposition may be taken as
follows: (a) The defendant may serve a deposition notice
without leave of court at any time after that defendant
has been served or has appeared in the action, whichever
occurs first.
(b) The plaintiff may serve a deposition notice without
leave of court on any date that is 20 days after the
service of the summons on, or appearance by, any
defendant. On motion with or without notice, the court,
for good cause shown, may grant to a plaintiff leave to
serve a deposition notice on an earlier date.

2025.220.
(a) A party desiring to take the oral deposition of
any

person shall give notice in writing. The deposition notice shallstate all of the following:(1) The address where the deposition will be taken.(2) The date of the deposition, selected under Section 2025.270,and the time it will commence.(3) The name of each deponent, and the address and telephonenumber, if known, of any deponent who is not a party to the action.If the name of the deponent is not known, the deposition notice shallset forth instead a general description sufficient to identify theperson or particular class to which the person belongs.(4) The specification with reasonable particularity of anymaterials or category of materials, including any electronicallystored information, to be produced by the deponent.(5) Any intention by the party noticing the deposition to recordthe testimony by audio or video technology, in addition to recordingthe testimony by the stenographic method as required by Section2025.330 and any intention to record the testimony by stenographicmethod through the instant visual display of the testimony. If thedeposition will be conducted using instant visual display, a copy ofthe deposition notice shall also be given to the deposition officer.Any offer to provide the instant visual display of the testimony orto provide rough draft transcripts to any party which is acceptedprior to, or offered at, the deposition shall also be made by thedeposition officer at the deposition to all parties in attendance.Any party or attorney requesting the provision of the instant visualdisplay of the testimony, or rough draft transcripts, shall pay thereasonable cost of those services, which may be no greater than thecosts charged to any other party or attorney.(6) Any intention to reserve the right to use at trial a videorecording of the deposition testimony of a treating or consultingphysician or of any expert witness under subdivision (d) of Section2025.620. In this event, the operator of the video camera shall be aperson who is authorized to administer an oath, and shall not befinancially interested in the action or be a relative or employee ofany attorney of any of the parties.(7) The form in which any electronically stored information is tobe produced, if a particular form is desired.(b) Notwithstanding subdivision (a), where under Article 4(commencing with Section 2020.410) only the production by a nonpartyof business records for copying is desired, a copy of the depositionsubpoena shall serve as the notice of deposition.

2025 .230.
If the deponent named is not a natural person, the
deposition notice shall describe with reasonable
particularity the matters on which examination is
requested. In that event, the deponent shall designate
and produce at the deposition those of its officers,
directors, managing agents, employees, or agents who are
most qualified to testify on its behalf as to those
matters to the extent of any information known or
reasonably available to the deponent.

2025 .240. (a) The party who
prepares a notice of deposition shall give the notice to
every other party who has appeared in the action. The
deposition notice, or the accompanying proof of service,
shall list all the parties or attorneys for parties on
whom it is served.

(b) Where, as defined in subdivision (a) of Section
1985.3, the party giving notice of the deposition is a
subpoenaing party, and the deponent is a witness
commanded by a deposition subpoena to produce personal
records of a consumer, the subpoenaing party shall serve
on that consumer all of the following:
(1) A notice of the deposition.
(2) The notice of privacy rights specified in
subdivision (e) of Section 1985.3 and in Section 1985.6.
(3) A copy of the deposition subpoena.

(c) If the attendance of the deponent is to be compelled
by service of a deposition subpoena under Chapter 6
(commencing with Section 2020.010), an identical copy of
that subpoena shall be served with the deposition
notice.

2025 .250. (a) Unless the court
orders otherwise under Section 2025 .260, the deposition
of a natural person, whether or not a party to the
action, shall be taken at a place that is, at the option
of the party giving notice of the deposition, either
within 75 miles of the deponent's residence, or within
the county where the action is pending and within 150
miles of the deponent's residence.

(b) The deposition of an
organization that is a party to the action shall be
taken at a place that is, at the option of the party
giving notice of the deposition, either within 75 miles
of the organization's principal executive or business
office in California, or within the county where the
action is pending and within 150 miles of that office.

(c) Unless the organization consents
to a more distant place, the deposition of any other
organization shall be taken within 75 miles of the
organization's principal executive or business office in
California. If the organization has not designated a
principal executive or business office in California,
the deposition shall be taken at a place that is, at the
option of the party giving notice of the deposition,
either within the county where the action is pending, or
within 75 miles of any executive or business office in
California of the organization.

(d) If an organization has not designated a principal executive or business office in California, the deposition shall be taken at a place that is, at the option of the party giving notice of the deposition, either within the county where the action is pending, or within 75 miles of any executive or business office in California of the organization.

2025 .260. (a) A party
desiring to take the deposition of a natural person who
is a party to the action or an officer, director,
managing agent, or employee of a party may make a motion
for an order that the deponent attend for deposition at
a place that is more distant than that permitted under
Section 2025 .250. This motion shall be accompanied by a
meet and confer declaration under Section 2016.040.

(b) In exercising its discretion to
grant or deny this motion, the court shall take into
consideration any factor tending to show whether the
interests of justice will be served by requiring the
deponent's attendance at that more distant place,
including, but not limited to, the following:
(1) Whether the moving party selected the forum.
(2) Whether the deponent will be present to testify at
the trial of the action.
(3) The convenience of the deponent.
(4) The feasibility of conducting the deposition by
written questions under Chapter 11 (commencing with
Section 2028.010), or of using a discovery method other
than a deposition.
(5) The number of depositions sought to be taken at a
place more distant than that permitted under Section
2025 .250.
(6) The expense to the parties of requiring the
deposition to be taken within the distance permitted
under Section 2025 .250.
(7) The whereabouts of the deponent at the time for
which the deposition is scheduled.

(c) The order may be conditioned on
the advancement by the moving party of the reasonable
expenses and costs to the deponent for travel to the
place of deposition.

(d) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion to increase
the travel limits for a party deponent, unless it finds
that the one subject to the sanction acted with
substantial justification or that other circumstances
make the imposition of the sanction unjust.

2025 .270. (a) An oral
deposition shall be scheduled for a date at least 10
days after service of the deposition notice. If, as
defined in subdivision (a) of Section 1985.3, the party
giving notice of the deposition is a subpoenaing party,
and the deponent is a witness commanded by a deposition
subpoena to produce personal records of a consumer, the
deposition shall be scheduled for a date at least 20
days after issuance of that subpoena.

(b) Notwithstanding subdivision (a),
in an unlawful detainer action an oral deposition shall
be scheduled for a date at least five days after service
of the deposition notice, but not later than five days
before trial.

(c) On motion or ex parte
application of any party or deponent, for good cause
shown, the court may shorten or extend the time for
scheduling a deposition, or may stay its taking until
the determination of a motion for a protective order
under Section 2025 .420.

2025.280. (a) The service of a deposition notice under Section
2025.240 is effective to require any deponent who is a party to the
action or an officer, director, managing agent, or employee of a
party to attend and to testify, as well as to produce any document,
electronically stored information, or tangible thing for inspectionand copying.

(b) The attendance and testimony of any other deponent, as well asthe production by the deponent of any document, electronicallystored information, or tangible thing for inspection and copying,requires the service on the deponent of a deposition subpoena underChapter 6 (commencing with Section 2020.010).

2025.290. (a) Except as provided in subdivision (b), or by anycourt order, including a case management order, a depositionexamination of the witness by all counsel, other than the witness'counsel of record, shall be limited to seven hours of totaltestimony. The court shall allow additional time, beyond any limitsimposed by this section, if needed to fairly examine the deponent orif the deponent, another person, or any other circumstance impedes ordelays the examination.(b) This section shall not apply under any of the followingcircumstances:(1) If the parties have stipulated that this section will notapply to a specific deposition or to the entire proceeding.(2) To any deposition of a witness designated as an expertpursuant to Sections 2034.210 to 2034.310, inclusive.(3) To any case designated as complex by the court pursuant toRule 3.400 of the California Rules of Court, unless a licensedphysician attests in a declaration served on the parties that thedeponent suffers from an illness or condition that raises substantialmedical doubt of survival of the deponent beyond six months, inwhich case the deposition examination of the witness by all counsel,other than the witness' counsel of record, shall be limited to twodays of no more than seven hours of total testimony each day, or 14hours of total testimony.(4) To any case brought by an employee or applicant for employmentagainst an employer for acts or omissions arising out of or relatingto the employment relationship.(5) To any deposition of a person who is designated as the mostqualified person to be deposed under Section 2025.230.(6) To any party who appeared in the action after the depositionhas concluded, in which case the new party may notice anotherdeposition subject to the requirements of this section.(c) It is the intent of the Legislature that any exclusions madeby this section shall not be construed to create any presumption orany substantive change to existing law relating to the appropriatetime limit for depositions falling within the exclusion. Nothing inthis section shall be construed to affect the existing right of anyparty to move for a protective order or the court's discretion tomake any order that justice requires to limit a deposition in orderto protect any party, deponent, or other natural person ororganization from unwarranted annoyance, embarrassment, oppression,undue burden, or expense.

2025 .310. (a) A person may
take, and any person other than the deponent may attend,
a deposition by telephone or other remote electronic
means.

(b) The court may expressly provide
that a nonparty deponent may appear at the deposition by
telephone if it finds there is good cause and no
prejudice to any party. A party deponent shall appear at
the deposition in person and be in the presence of the
deposition officer.

(c) The procedures to implement this
section shall be established by court order in the
specific action or proceeding or by the California Rules
of Court.

2025.320. Except as provided in Section 2020.420, the deposition
shall be conducted under the supervision of an officer who is
authorized to administer an oath and is subject to all of the
following requirements:
(a) The officer shall not be financially interested in the action
and shall not be a relative or employee of any attorney of the
parties, or of any of the parties.
(b) Services and products offered or provided by the deposition
officer or the entity providing the services of the deposition
officer to any party or to any party's attorney or third party who is
financing all or part of the action shall be offered to all parties
or their attorneys attending the deposition. No service or product
may be offered or provided by the deposition officer or by the entity
providing the services of the deposition officer to any party or any
party's attorney or third party who is financing all or part of the
action unless the service or product is offered or provided to all
parties or their attorneys attending the deposition. All services and
products offered or provided shall be made available at the same
time to all parties or their attorneys.
(c) The deposition officer or the entity providing the services of
the deposition officer shall not provide to any party or any party's
attorney or third party who is financing all or part of the action
any service or product consisting of the deposition officer's
notations or comments regarding the demeanor of any witness,
attorney, or party present at the deposition. The deposition officer
or entity providing the services of the deposition officer shall not
collect any personal identifying information about the witness as a
service or product to be provided to any party or third party who is
financing all or part of the action.
(d) Upon the request of any party or any party's attorney
attending a deposition, any party or any party's attorney attending
the deposition shall enter in the record of the deposition all
services and products made available to that party or party's
attorney or third party who is financing all or part of the action by
the deposition officer or by the entity providing the services of
the deposition officer. A party in the action who is not represented
by an attorney shall be informed by the noticing party or the party's
attorney that the unrepresented party may request this statement.
(e) Any objection to the qualifications of the deposition officer
is waived unless made before the deposition begins or as soon
thereafter as the ground for that objection becomes known or could be
discovered by reasonable diligence.
(f) Violation of this section by any person may result in a civil
penalty of up to five thousand dollars ($5,000) imposed by a court of
competent jurisdiction.

2025.330. (a) The deposition officer shall put the deponent under
oath or affirmation.
(b) Unless the parties agree or the court orders otherwise, the
testimony, as well as any stated objections, shall be taken
stenographically. If taken stenographically, it shall be by a person
certified pursuant to Article 3 (commencing with Section 8020) of
Chapter 13 of Division 3 of the Business and Professions Code.
(c) The party noticing the deposition may also record the
testimony by audio or video technology if the notice of deposition
stated an intention also to record the testimony by either of those
methods, or if all the parties agree that the testimony may also be
recorded by either of those methods. Any other party, at that party's
expense, may make an audio or video record of the deposition,
provided that the other party promptly, and in no event less than
three calendar days before the date for which the deposition is
scheduled, serves a written notice of this intention to make an audio
or video record of the deposition testimony on the party or attorney
who noticed the deposition, on all other parties or attorneys on
whom the deposition notice was served under Section 2025.240, and on
any deponent whose attendance is being compelled by a deposition
subpoena under Chapter 6 (commencing with Section 2020.010). If this
notice is given three calendar days before the deposition date, it
shall be made by personal service under Section 1011.
(d) Examination and cross-examination of the deponent shall
proceed as permitted at trial under the provisions of the Evidence
Code.
(e) In lieu of participating in the oral examination, parties may
transmit written questions in a sealed envelope to the party taking
the deposition for delivery to the deposition officer, who shall
unseal the envelope and propound them to the deponent after the oral
examination has been completed.

2025 .340. If a deposition is being
recorded by means of audio or video technology by, or at
the direction of, any party, the following procedure
shall be observed:

(a) The area used for recording the
deponent's oral testimony shall be suitably large,
adequately lighted, and reasonably quiet.

(b) The operator of the recording
equipment shall be competent to set up, operate, and
monitor the equipment in the manner prescribed in this
section. Except as provided in subdivision (c), the
operator may be an employee of the attorney taking the
deposition unless the operator is also the deposition
officer.

(c) If a video recording of
deposition testimony is to be used under subdivision (d)
of Section 2025 .620, the operator of the recording
equipment shall be a person who is authorized to
administer an oath, and shall not be financially
interested in the action or be a relative or employee of
any attorney of any of the parties, unless all parties
attending the deposition agree on the record to waive
these qualifications and restrictions.

(d) Services and products offered or
provided by the deposition officer or the entity
providing the services of the deposition officer to any
party or to any party's attorney or third party who is
financing all or part of the action shall be offered or
provided to all parties or their attorneys attending the
deposition. No service or product may be offered or
provided by the deposition officer or by the entity
providing the services of the deposition officer to any
party or any party's attorney or third party who is
financing all or part of the action unless the service
or product is offered or provided to all parties or
their attorneys attending the deposition. All services
and products offered or provided shall be made available
at the same time to all parties or their attorneys.

(e) The deposition officer or the
entity providing the services of the deposition officer
shall not provide to any party or any other person or
entity any service or product consisting of the
deposition officer's notations or comments regarding the
demeanor of any witness, attorney, or party present at
the deposition. The deposition officer or the entity
providing the services of the deposition officer shall
not collect any personal identifying information about
the witness as a service or product to be provided to
any party or third party who is financing all or part of
the action.

(f) Upon the request of any party or
any party's attorney attending a deposition, any party
or any party's attorney attending the deposition shall
enter in the record of the deposition all services and
products made available to that party or party's
attorney or third party who is financing all or part of
the action by the deposition officer or by the entity
providing the services of the deposition officer. A
party in the action who is not represented by an
attorney shall be informed by the noticing party that
the unrepresented party may request this statement.

(g) The operator shall not distort
the appearance or the demeanor of participants in the
deposition by the use of camera or sound recording
techniques.

(h) The deposition shall begin with
an oral or written statement on camera or on the audio
recording that includes the operator's name and business
address, the name and business address of the operator'
s employer, the date, time, and place of the deposition,
the caption of the case, the name of the deponent, a
specification of the party on whose behalf the
deposition is being taken, and any stipulations by the
parties.

(i) Counsel for the parties shall
identify themselves on camera or on the audio recording.

(j) The oath shall be administered
to the deponent on camera or on the audio recording.

(k) If the length of a deposition
requires the use of more than one unit of tape or
electronic storage, the end of each unit and the
beginning of each succeeding unit shall be announced on
camera or on the audio recording.

(l) At the conclusion of a
deposition, a statement shall be made on camera or on
the audio recording that the deposition is ended and
shall set forth any stipulations made by counsel
concerning the custody of the audio or video recording
and the exhibits, or concerning other pertinent matters.

(m) A party intending to offer an
audio or video recording of a deposition in evidence
under Section 2025 .620 shall notify the court and all
parties in writing of that intent and of the parts of
the deposition to be offered. That notice shall be given
within sufficient time for objections to be made and
ruled on by the judge to whom the case is assigned for
trial or hearing, and for any editing of the recording.
Objections to all or part of the deposition shall be
made in writing. The court may permit further
designations of testimony and objections as justice may
require. With respect to those portions of an audio or
video record of deposition testimony that are not
designated by any party or that are ruled to be
objectionable, the court may order that the party
offering the recording of the deposition at the trial or
hearing suppress those portions, or that an edited
version of the deposition recording be prepared for use
at the trial or hearing. The original audio or video
record of the deposition shall be preserved unaltered.
If no stenographic record of the deposition testimony
has previously been made, the party offering an audio or
video recording of that testimony under Section 2025
.620 shall accompany that offer with a stenographic
transcript prepared from that recording. top of page

2025.410. (a) Any party served with a deposition notice that does
not comply with Article 2 (commencing with Section 2025.210) waives
any error or irregularity unless that party promptly serves a written
objection specifying that error or irregularity at least three
calendar days prior to the date for which the deposition is
scheduled, on the party seeking to take the deposition and any other
attorney or party on whom the deposition notice was served.
(b) If an objection is made three calendar days before the
deposition date, the objecting party shall make personal service of
that objection pursuant to Section 1011 on the party who gave notice
of the deposition. Any deposition taken after the service of a
written objection shall not be used against the objecting party under
Section 2025.620 if the party did not attend the deposition and if
the court determines that the objection was a valid one.
(c) In addition to serving this written objection, a party may
also move for an order staying the taking of the deposition and
quashing the deposition notice. This motion shall be accompanied by a
meet and confer declaration under Section 2016.040. The taking of
the deposition is stayed pending the determination of this motion.
(d) The court shall impose a monetary sanction under Chapter 7
(commencing with Section 2023.010) against any party, person, or
attorney who unsuccessfully makes or opposes a motion to quash a
deposition notice, unless it finds that the one subject to the
sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.
(e) (1) Notwithstanding subdivision (d), absent exceptional
circumstances, the court shall not impose sanctions on any party,
person, or attorney for failure to provide electronically stored
information that has been lost, damaged, altered, or overwritten as
the result of the routine, good faith operation of an electronic
information system.
(2) This subdivision shall not be construed to alter any
obligation to preserve discoverable information.

2025.420. (a) Before, during, or after a deposition, any party, any
deponent, or any other affected natural person or organization may
promptly move for a protective order. The motion shall be accompanied
by a meet and confer declaration under Section 2016.040.
(b) The court, for good cause shown, may make any order that
justice requires to protect any party, deponent, or other natural
person or organization from unwarranted annoyance, embarrassment, or
oppression, or undue burden and expense. This protective order may
include, but is not limited to, one or more of the following
directions:
(1) That the deposition not be taken at all.
(2) That the deposition be taken at a different time.
(3) That a video recording of the deposition testimony of a
treating or consulting physician or of any expert witness, intended
for possible use at trial under subdivision (d) of Section 2025.620,
be postponed until the moving party has had an adequate opportunity
to prepare, by discovery deposition of the deponent, or other means,
for cross-examination.
(4) That the deposition be taken at a place other than that
specified in the deposition notice, if it is within a distance
permitted by Sections 2025.250 and 2025.260.
(5) That the deposition be taken only on certain specified terms
and conditions.
(6) That the deponent's testimony be taken by written, instead of
oral, examination.
(7) That the method of discovery be interrogatories to a party
instead of an oral deposition.
(8) That the testimony be recorded in a manner different from that
specified in the deposition notice.
(9) That certain matters not be inquired into.
(10) That the scope of the examination be limited to certain
matters.
(11) That all or certain of the writings or tangible things
designated in the deposition notice not be produced, inspected,
copied, tested, or sampled, or that conditions be set for the
production of electronically stored information designated in the
deposition notice.
(12) That designated persons, other than the parties to the action
and their officers and counsel, be excluded from attending the
deposition.
(13) That a trade secret or other confidential research,
development, or commercial information not be disclosed or be
disclosed only to specified persons or only in a specified way.
(14) That the parties simultaneously file specified documents
enclosed in sealed envelopes to be opened as directed by the court.
(15) That the deposition be sealed and thereafter opened only on
order of the court.
(16) That examination of the deponent be terminated. If an order
terminates the examination, the deposition shall not thereafter be
resumed, except on order of the court.
(c) The party, deponent, or any other affected natural person or
organization that seeks a protective order regarding the production,
inspection, copying, testing, or sampling of electronically stored
information on the basis that the information is from a source that
is not reasonably accessible because of undue burden or expense shall
bear the burden of demonstrating that the information is from a
source that is not reasonably accessible because of undue burden or
expense.(d) If the party or affected person from whom discovery ofelectronically stored information is sought establishes that theinformation is from a source that is not reasonably accessiblebecause of undue burden or expense, the court may nonetheless orderdiscovery if the demanding party shows good cause, subject to anylimitations imposed under subdivision (f).(e) If the court finds good cause for the production ofelectronically stored information from a source that is notreasonably accessible, the court may set conditions for the discoveryof the electronically stored information, including allocation ofthe expense of discovery.(f) The court shall limit the frequency or extent of discovery ofelectronically stored information, even from a source that isreasonably accessible, if the court determines that any of thefollowing conditions exist:(1) It is possible to obtain the information from some othersource that is more convenient, less burdensome, or less expensive.(2) The discovery sought is unreasonably cumulative orduplicative.(3) The party seeking discovery has had ample opportunity bydiscovery in the action to obtain the information sought.(4) The likely burden or expense of the proposed discoveryoutweighs the likely benefit, taking into account the amount incontroversy, the resources of the parties, the importance of theissues in the litigation, and the importance of the requesteddiscovery in resolving the issues.(g) If the motion for a protective order is denied in whole or inpart, the court may order that the deponent provide or permit thediscovery against which protection was sought on those terms andconditions that are just.(h) The court shall impose a monetary sanction under Chapter 7(commencing with Section 2023.010) against any party, person, orattorney who unsuccessfully makes or opposes a motion for aprotective order, unless it finds that the one subject to thesanction acted with substantial justification or that othercircumstances make the imposition of the sanction unjust.(i) (1) Notwithstanding subdivision (h), absent exceptionalcircumstances, the court shall not impose sanctions on any party,deponent, or other affected natural person or organization or any oftheir attorneys for failure to provide electronically storedinformation that has been lost, damaged, altered, or overwritten asthe result of the routine, good faith operation of an electronicinformation system.(2) This subdivision shall not be construed to alter anyobligation to preserve discoverable information.

2025 .430.
If the party giving notice of a deposition fails to
attend or proceed with it, the court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against that party, or the attorney
for that party, or both, and in favor of any party
attending in person or by attorney, unless it finds that
the one subject to the sanction acted with substantial
justification or that other circumstances make the
imposition of the sanction unjust.

2025 .440. (a) If a deponent does
not appear for a deposition because the party giving
notice of the deposition failed to serve a required
deposition subpoena, the court shall impose a monetary
sanction under Chapter 7 (commencing with Section
2023.010) against that party, or the attorney for that
party, or both, in favor of any other party who, in
person or by attorney, attended at the time and place
specified in the deposition notice in the expectation
that the deponent's testimony would be taken, unless the
court finds that the one subject to the sanction acted
with substantial justification or that other
circumstances make the imposition of the sanction
unjust.

(b) If a deponent on whom a
deposition subpoena has been served fails to attend a
deposition or refuses to be sworn as a witness, the
court may impose on the deponent the sanctions described
in Section 2020.240.

2025.450. (a) If, after service of a deposition notice, a party to
the action or an officer, director, managing agent, or employee of a
party, or a person designated by an organization that is a party
under Section 2025.230, without having served a valid objection under
Section 2025.410, fails to appear for examination, or to proceed
with it, or to produce for inspection any document, electronically
stored information, or tangible thing described in the deposition
notice, the party giving the notice may move for an order compelling
the deponent's attendance and testimony, and the production for
inspection of any document, electronically stored information, or
tangible thing described in the deposition notice.

(b) A motion under subdivision (a) shall comply with both of thefollowing:(1) The motion shall set forth specific facts showing good causejustifying the production for inspection of any document,electronically stored information, or tangible thing described in thedeposition notice.(2) The motion shall be accompanied by a meet and conferdeclaration under Section 2016.040, or, when the deponent fails toattend the deposition and produce the documents, electronicallystored information, or things described in the deposition notice, bya declaration stating that the petitioner has contacted the deponentto inquire about the nonappearance.(c) In a motion under subdivision (a) relating to the productionof electronically stored information, the party or party-affiliateddeponent objecting to or opposing the production, inspection,copying, testing, or sampling of electronically stored information onthe basis that the information is from a source that is notreasonably accessible because of the undue burden or expense shallbear the burden of demonstrating that the information is from asource that is not reasonably accessible because of undue burden orexpense.(d) If the party or party-affiliated deponent from whom discoveryof electronically stored information is sought establishes that theinformation is from a source that is not reasonably accessiblebecause of the undue burden or expense, the court may nonethelessorder discovery if the demanding party shows good cause, subject toany limitations imposed under subdivision (f).(e) If the court finds good cause for the production ofelectronically stored information from a source that is notreasonably accessible, the court may set conditions for the discoveryof the electronically stored information, including allocation ofthe expense of discovery.(f) The court shall limit the frequency or extent of discovery ofelectronically stored information, even from a source that isreasonably accessible, if the court determines that any of thefollowing conditions exists:(1) It is possible to obtain the information from some othersource that is more convenient, less burdensome, or less expensive.(2) The discovery sought is unreasonably cumulative orduplicative.(3) The party seeking discovery has had ample opportunity bydiscovery in the action to obtain the information sought.(4) The likely burden or expense of the proposed discoveryoutweighs the likely benefit, taking into account the amount incontroversy, the resources of the parties, the importance of theissues in the litigation, and the importance of the requesteddiscovery in resolving the issues.(g) (1) If a motion under subdivision (a) is granted, the courtshall impose a monetary sanction under Chapter 7 (commencing withSection 2023.010) in favor of the party who noticed the depositionand against the deponent or the party with whom the deponent isaffiliated, unless the court finds that the one subject to thesanction acted with substantial justification or that othercircumstances make the imposition of the sanction unjust.(2) On motion of any other party who, in person or by attorney,attended at the time and place specified in the deposition notice inthe expectation that the deponent's testimony would be taken, thecourt shall impose a monetary sanction under Chapter 7 (commencingwith Section 2023.010) in favor of that party and against thedeponent or the party with whom the deponent is affiliated, unlessthe court finds that the one subject to the sanction acted withsubstantial justification or that other circumstances make theimposition of the sanction unjust.(h) If that party or party-affiliated deponent then fails to obeyan order compelling attendance, testimony, and production, the courtmay make those orders that are just, including the imposition of anissue sanction, an evidence sanction, or a terminating sanction underChapter 7 (commencing with Section 2023.010) against that partydeponent or against the party with whom the deponent is affiliated.In lieu of, or in addition to, this sanction, the court may impose amonetary sanction under Chapter 7 (commencing with Section 2023.010)against that deponent or against the party with whom that partydeponent is affiliated, and in favor of any party who, in person orby attorney, attended in the expectation that the deponent'stestimony would be taken pursuant to that order.(i) (1) Notwithstanding subdivisions (g) and (h), absentexceptional circumstances, the court shall not impose sanctions on aparty or any attorney of a party for failure to provideelectronically stored information that has been lost, damaged,altered, or overwritten as the result of the routine, good faithoperation of an electronic information system.(2) This subdivision shall not be construed to alter anyobligation to preserve discoverable information.

2025.460. (a) The protection of information from discovery on the
ground that it is privileged or that it is a protected work product
under Chapter 4 (commencing with Section 2018.010) is waived unless a
specific objection to its disclosure is timely made during the
deposition.

(b) Errors and irregularities of any kind occurring at the oralexamination that might be cured if promptly presented are waivedunless a specific objection to them is timely made during thedeposition. These errors and irregularities include, but are notlimited to, those relating to the manner of taking the deposition, tothe oath or affirmation administered, to the conduct of a party,attorney, deponent, or deposition officer, or to the form of anyquestion or answer. Unless the objecting party demands that thetaking of the deposition be suspended to permit a motion for aprotective order under Sections 2025.420 and 2025.470, the depositionshall proceed subject to the objection.(c) Objections to the competency of the deponent, or to therelevancy, materiality, or admissibility at trial of the testimony orof the materials produced are unnecessary and are not waived byfailure to make them before or during the deposition.(d) If a deponent objects to the production of electronicallystored information on the grounds that it is from a source that isnot reasonably accessible because of undue burden or expense and thatthe deponent will not search the source in the absence of anagreement with the deposing party or court order, the deponent shallidentify in its objection the types or categories of sources ofelectronically stored information that it asserts are not reasonablyaccessible. By objecting and identifying information of a type orcategory of source or sources that are not reasonably accessible, thedeponent preserves any objections it may have relating to thatelectronically stored information.(e) If a deponent fails to answer any question or to produce anydocument, electronically stored information, or tangible thing underthe deponent's control that is specified in the deposition notice ora deposition subpoena, the party seeking that answer or productionmay adjourn the deposition or complete the examination on othermatters without waiving the right at a later time to move for anorder compelling that answer or production under Section 2025.480.(f) Notwithstanding subdivision (a), if a deponent notifies theparty that took a deposition that electronically stored informationproduced pursuant to the deposition notice or subpoena is subject toa claim of privilege or of protection as attorney work product, asdescribed in Section 2031.285, the provisions of Section 2031.285shall apply.

2025 .470.
The deposition officer may not suspend the taking of
testimony without the stipulation of all parties present
unless any party attending the deposition, including the
deponent, demands that the deposition officer suspend
taking the testimony to enable that party or deponent to
move for a protective order under Section 2025 .420 on
the ground that the examination is being conducted in
bad faith or in a manner that unreasonably annoys,
embarrasses, or oppresses that deponent or party.

2025.480. (a) If a deponent fails to answer any question or to
produce any document, electronically stored information, or tangible
thing under the deponent's control that is specified in the
deposition notice or a deposition subpoena, the party seeking
discovery may move the court for an order compelling that answer or
production.
(b) This motion shall be made no later than 60 days after thecompletion of the record of the deposition, and shall be accompaniedby a meet and confer declaration under Section 2016.040.(c) Notice of this motion shall be given to all parties and to thedeponent either orally at the examination, or by subsequent servicein writing. If the notice of the motion is given orally, thedeposition officer shall direct the deponent to attend a session ofthe court at the time specified in the notice.(d) In a motion under subdivision (a) relating to the productionof electronically stored information, the deponent objecting to oropposing the production, inspection, copying, testing, or sampling ofelectronically stored information on the basis that the informationis from a source that is not reasonably accessible because of theundue burden or expense shall bear the burden of demonstrating thatthe information is from a source that is not reasonably accessiblebecause of undue burden or expense.(e) If the deponent from whom discovery of electronically storedinformation is sought establishes that the information is from asource that is not reasonably accessible because of the undue burdenor expense, the court may nonetheless order discovery if the deposingparty shows good cause, subject to any limitations imposed undersubdivision (g).(f) If the court finds good cause for the production ofelectronically stored information from a source that is notreasonably accessible, the court may set conditions for the discoveryof the electronically stored information, including allocation ofthe expense of discovery.(g) The court shall limit the frequency or extent of discovery ofelectronically stored information, even from a source that isreasonably accessible, if the court determines that any of thefollowing conditions exists:(1) It is possible to obtain the information from some othersource that is more convenient, less burdensome, or less expensive.(2) The discovery sought is unreasonably cumulative orduplicative.(3) The party seeking discovery has had ample opportunity bydiscovery in the action to obtain the information sought.(4) The likely burden or expense of the proposed discoveryoutweighs the likely benefit, taking into account the amount incontroversy, the resources of the parties, the importance of theissues in the litigation, and the importance of the requesteddiscovery in resolving the issues.(h) Not less than five days prior to the hearing on this motion,the moving party shall lodge with the court a certified copy of anyparts of the stenographic transcript of the deposition that arerelevant to the motion. If a deposition is recorded by audio or videotechnology, the moving party is required to lodge a certified copyof a transcript of any parts of the deposition that are relevant tothe motion.(i) If the court determines that the answer or production soughtis subject to discovery, it shall order that the answer be given orthe production be made on the resumption of the deposition.(j) The court shall impose a monetary sanction under Chapter 7(commencing with Section 2023.010) against any party, person, orattorney who unsuccessfully makes or opposes a motion to compel ananswer or production, unless it finds that the one subject to thesanction acted with substantial justification or that othercircumstances make the imposition of the sanction unjust.(k) If a deponent fails to obey an order entered under thissection, the failure may be considered a contempt of court. Inaddition, if the disobedient deponent is a party to the action or anofficer, director, managing agent, or employee of a party, the courtmay make those orders that are just against the disobedient party, oragainst the party with whom the disobedient deponent is affiliated,including the imposition of an issue sanction, an evidence sanction,or a terminating sanction under Chapter 7 (commencing with Section2023.010). In lieu of or in addition to this sanction, the court mayimpose a monetary sanction under Chapter 7 (commencing with Section2023.010) against that party deponent or against any party with whomthe deponent is affiliated.(l) (1) Notwithstanding subdivisions (j) and (k), absentexceptional circumstances, the court shall not impose sanctions on adeponent or any attorney of a deponent for failure to provideelectronically stored information that has been lost, damaged,altered, or overwritten as the result of the routine, good faithoperation of an electronic information system.(2) This subdivision shall not be construed to alter anyobligation to preserve discoverable information.

2025.510. (a) Unless the parties agree otherwise, the testimony
at any deposition recorded by stenographic means shall be
transcribed.
(b) The party noticing the deposition shall bear the cost of that
transcription, unless the court, on motion and for good cause shown,
orders that the cost be borne or shared by another party.
(c) Notwithstanding subdivision (b) of Section 2025.320, any other
party or the deponent, at the expense of that party or deponent, may
obtain a copy of the transcript.
(d) If the deposition officer receives a request from a party for
an original or a copy of the deposition transcript, or any portion
thereof, and the full or partial transcript will be available to that
party prior to the time the original or copy would be available to
any other party, the deposition officer shall immediately notify all
other parties attending the deposition of the request, and shall,
upon request by any party other than the party making the original
request, make that copy of the full or partial deposition transcript
available to all parties at the same time.
(e) Stenographic notes of depositions shall be retained by the
reporter for a period of not less than eight years from the date of
the deposition, where no transcript is produced, and not less than
one year from the date on which the transcript is produced. Those
notes may be either on paper or electronic media, as long as it
allows for satisfactory production of a transcript at any time during
the periods specified.
(f) At the request of any other party to the action, including a
party who did not attend the taking of the deposition testimony, any
party who records or causes the recording of that testimony by means
of audio or video technology shall promptly do both of the following:
(1) Permit that other party to hear the audio recording or to view
the video recording.
(2) Furnish a copy of the audio or video recording to that other
party on receipt of payment of the reasonable cost of making that
copy of the recording.
(g) If the testimony at the deposition is recorded both
stenographically, and by audio or video technology, the stenographic
transcript is the official record of that testimony for the purpose
of the trial and any subsequent hearing or appeal.
(h) (1) The requesting attorney or party appearing in propria
persona shall timely pay the deposition officer or the entity
providing the services of the deposition officer for the
transcription or copy of the transcription described in subdivision
(b) or (c), and any other deposition products or services that are
requested either orally or in writing.
(2) This subdivision shall apply unless responsibility for the
payment is otherwise provided by law or unless the deposition officer
or entity is notified in writing at the time the services or
products are requested that the party or another identified person
will be responsible for payment.
(3) This subdivision does not prohibit or supersede an agreement
between an attorney and a party allocating responsibility for the
payment of deposition costs to the party.
(4) The requesting attorney or party appearing in propria persona,
upon the written request of a deposition officer who has obtained a
final judgment for payment of services provided pursuant to this
subdivision, shall provide to the deposition officer an address that
can be used to effectuate service for the purpose of Section 708.110
in the manner specified in Section 415.10.
(i) For purposes of this section, "deposition product or service"
means any product or service provided in connection with a deposition
that qualifies as shorthand reporting, as described in Section 8017
of the Business and Professions Code, and any product or service
derived from that shorthand reporting.

2025
.520. (a) If the deposition testimony is
stenographically recorded, the deposition officer shall
send written notice to the deponent and to all parties
attending the deposition when the original transcript of
the testimony for each session of the deposition is
available for reading, correcting, and signing, unless
the deponent and the attending parties agree on the
record that the reading, correcting, and signing of the
transcript of the testimony will be waived or that the
reading, correcting, and signing of a transcript of the
testimony will take place after the entire deposition
has been concluded or at some other specific time.

(b) For 30 days following each
notice under subdivision (a), unless the attending
parties and the deponent agree on the record or
otherwise in writing to a longer or shorter time period,
the deponent may change the form or the substance of the
answer to a question, and may either approve the
transcript of the deposition by signing it, or refuse to
approve the transcript by not signing it.

(c) Alternatively, within this same
period, the deponent may change the form or the
substance of the answer to any question and may approve
or refuse to approve the transcript by means of a letter
to the deposition officer signed by the deponent which
is mailed by certified or registered mail with return
receipt requested. A copy of that letter shall be sent
by first-class mail to all parties attending the
deposition.

(d) For good cause shown, the court
may shorten the 30-day period for making changes,
approving, or refusing to approve the transcript.

(e) The deposition officer shall
indicate on the original of the transcript, if the
deponent has not already done so at the office of the
deposition officer, any action taken by the deponent and
indicate on the original of the transcript, the
deponent's approval of, or failure or refusal to
approve, the transcript. The deposition officer shall
also notify in writing the parties attending the
deposition of any changes which the deponent timely made
in person.

(f) If the deponent fails or refuses
to approve the transcript within the allotted period,
the deposition shall be given the same effect as though
it had been approved, subject to any changes timely made
by the deponent.

(g) Notwithstanding subdivision (f),
on a seasonable motion to suppress the deposition,
accompanied by a meet and confer declaration under
Section 2016.040, the court may determine that the
reasons given for the failure or refusal to approve the
transcript require rejection of the deposition in whole
or in part.

(h) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion to suppress
a deposition under this section, unless the court finds
that the one subject to the sanction acted with
substantial justification or that other circumstances
make the imposition of the sanction unjust.

2025 .530. (a) If there is no
stenographic transcription of the deposition, the
deposition officer shall send written notice to the
deponent and to all parties attending the deposition
that the audio or video recording made by, or at the
direction of, any party, is available for review, unless
the deponent and all these parties agree on the record
to waive the hearing or viewing of the audio or video
recording of the testimony.

(b) For 30 days following a notice
under subdivision (a), the deponent, either in person or
by signed letter to the deposition officer, may change
the substance of the answer to any question.

(c) The deposition officer shall set
forth in a writing to accompany the recording any
changes made by the deponent, as well as either the
deponent's signature identifying the deposition as the
deponent's own, or a statement of the deponent's failure
to supply the signature, or to contact the officer
within the period prescribed by subdivision (b).

(d) When a deponent fails to contact
the officer within the period prescribed by subdivision
(b), or expressly refuses by a signature to identify the
deposition as the deponent's own, the deposition shall
be given the same effect as though signed.

(e) Notwithstanding subdivision (d),
on a reasonable motion to suppress the deposition,
accompanied by a meet and confer declaration under
Section 2016.040, the court may determine that the
reasons given for the refusal to sign require rejection
of the deposition in whole or in part.

(f) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion to suppress
a deposition under this section, unless it finds that
the one subject to the sanction acted with substantial
justification or that other circumstances make the
imposition of the sanction unjust.

2025 .540. (a) The deposition
officer shall certify on the transcript of the
deposition, or in a writing accompanying an audio or
video record of deposition testimony, as described in
Section 2025 .530, that the deponent was duly sworn and
that the transcript or recording is a true record of the
testimony given.

(b) When prepared as a rough draft
transcript, the transcript of the deposition may not be
certified and may not be used, cited, or transcribed as
the certified transcript of the deposition proceedings.
The rough draft transcript may not be cited or used in
any way or at any time to rebut or contradict the
certified transcript of deposition proceedings as
provided by the deposition officer.

2025 .550. (a) The certified
transcript of a deposition shall not be filed with the
court. Instead, the deposition officer shall securely
seal that transcript in an envelope or package endorsed
with the title of the action and marked: "Deposition of
(here insert name of deponent)," and shall promptly
transmit it to the attorney for the party who noticed
the deposition. This attorney shall store it under
conditions that will protect it against loss,
destruction, or tampering.

(b) The attorney to whom the
transcript of a deposition is transmitted shall retain
custody of it until six months after final disposition
of the action. At that time, the transcript may be
destroyed, unless the court, on motion of any party and
for good cause shown, orders that the transcript be
preserved for a longer
period.
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2025 .560. (a) An audio or video
record of deposition testimony made by, or at the
direction of, any party, including a certified tape made
by an operator qualified under subdivisions (b) to (f),
inclusive, of Section 2025 .340, shall not be filed with
the court. Instead, the operator shall retain custody of
that record and shall store it under conditions that
will protect it against loss, destruction, or tampering,
and preserve as far as practicable the quality of the
recording and the integrity of the testimony and images
it contains.

(b) At the request of any party to
the action, including a party who did not attend the
taking of the deposition testimony, or at the request of
the deponent, that operator shall promptly do both of
the following:
(1) Permit the one making the request to hear or to view
the recording on receipt of payment of a reasonable
charge for providing the facilities for hearing or
viewing the recording.
(2) Furnish a copy of the audio or video recording to
the one making the request on receipt of payment of the
reasonable cost of making that copy of the recording.

(c) The attorney or operator who has
custody of an audio or video record of deposition
testimony made by, or at the direction of, any party,
shall retain custody of it until six months after final
disposition of the action. At that time, the audio or
video recording may be destroyed or erased, unless the
court, on motion of any party and for good cause shown,
orders that the recording be preserved for a longer
period.

2025 .570. (a) Notwithstanding
subdivision (b) of Section 2025 .320, unless the court
issues an order to the contrary, a copy of the
transcript of the deposition testimony made by, or at
the direction of, any party, or an audio or video
recording of the deposition testimony, if still in the
possession of the deposition officer, shall be made
available by the deposition officer to any person
requesting a copy, on payment of a reasonable charge set
by the deposition officer.

(b) If a copy is requested from the
deposition officer, the deposition officer shall mail a
notice to all parties attending the deposition and to
the deponent at the deponent's last known address
advising them of all of the following:
(1) The copy is being sought.
(2) The name of the person requesting the copy.
(3) The right to seek a protective order under Section
2025 .420.

(c) If a protective order is not
served on the deposition officer within 30 days of the
mailing of the notice, the deposition officer shall make
the copy available to the person requesting the copy.

(d) This section shall apply only to
recorded testimony taken at depositions occurring on or
after January 1, 1998.

2025 .610.
(a) Once any party has taken the deposition of any
natural person, including that of a party to the action,
neither the party who gave, nor any other party who has
been served with a deposition notice pursuant to Section
2025 .240 may take a subsequent deposition of that
deponent.

(b) Notwithstanding subdivision (a),
for good cause shown, the court may grant leave to take
a subsequent deposition, and the parties, with the
consent of any deponent who is not a party, may
stipulate that a subsequent deposition be taken.

(c) This section does not preclude
taking one subsequent deposition of a natural person who
has previously been examined under either or both of the
following circumstances:
(1) The person was examined as a result of that person's
designation to testify on behalf of an organization
under Section 2025 .230.
(2) The person was examined pursuant to a court order
under Section 485.230, for the limited purpose of
discovering pursuant to Section 485.230 the identity,
location, and value of property in which the deponent
has an interest.

(d) This section does not authorize
the taking of more than one subsequent deposition for
the limited purpose of Section 485.230.

2025 .620.
At the trial or any other hearing in the action, any
part or all of a deposition may be used against any
party who was present or represented at the taking of
the deposition, or who had due notice of the deposition
and did not serve a valid objection under Section 2025
.410, so far as admissible under the rules of evidence
applied as though the deponent were then present and
testifying as a witness, in accordance with the
following provisions: (a) Any party may use a deposition
for the purpose of contradicting or impeaching the
testimony of the deponent as a witness, or for any other
purpose permitted by the Evidence
Code.
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(b) An adverse party may use for any
purpose, a deposition of a party to the action, or of
anyone who at the time of taking the deposition was an
officer, director, managing agent, employee, agent, or
designee under Section 2025 .230 of a party. It is not
ground for objection to the use of a deposition of a
party under this subdivision by an adverse party that
the deponent is available to testify, has testified, or
will testify at the trial or other hearing.

(c) Any party may use for any
purpose the deposition of any person or organization,
including that of any party to the action, if the court
finds any of the following:
(1) The deponent resides more than 150 miles from the
place of the trial or other hearing.
(2) The deponent, without the procurement or wrongdoing
of the proponent of the deposition for the purpose of
preventing testimony in open court, is any of the
following: (A) Exempted or precluded on the ground of
privilege from testifying concerning the matter to which
the deponent's testimony is relevant. (B) Disqualified
from testifying. (C) Dead or unable to attend or testify
because of existing physical or mental illness or
infirmity. (D) Absent from the trial or other hearing
and the court is unable to compel the deponent's
attendance by its process. (E) Absent from the trial or
other hearing and the proponent of the deposition has
exercised reasonable diligence but has been unable to
procure the deponent's attendance by the court's
process.
(3) Exceptional circumstances exist that make it
desirable to allow the use of any deposition in the
interests of justice and with due regard to the
importance of presenting the testimony of witnesses
orally in open court.

(d) Any party may use a video
recording of the deposition testimony of a treating or
consulting physician or of any expert witness even
though the deponent is available to testify if the
deposition notice under Section 2025 .220 reserved the
right to use the deposition at trial, and if that party
has complied with subdivision (m) of Section 2025 .340.

(e) Subject to the requirements of
this chapter, a party may offer in evidence all or any
part of a deposition, and if the party introduces only
part of the deposition, any other party may introduce
any other parts that are relevant to the parts
introduced.

(f) Substitution of parties does not
affect the right to use depositions previously taken.

(g) When an action has been brought
in any court of the United States or of any state, and
another action involving the same subject matter is
subsequently brought between the same parties or their
representatives or successors in interest, all
depositions lawfully taken and duly filed in the initial
action may be used in the subsequent action as if
originally taken in that subsequent action. A deposition
previously taken may also be used as permitted by the
Evidence Code.

deposition, as described in Section 2025.010, in another state of theUnited States, or in a territory or an insular possession subject toits jurisdiction. Except as modified in this section, the proceduresfor taking oral depositions in California set forth in Chapter 9(commencing with Section 2025.010) apply to an oral deposition takenin another state of the United States, or in a territory or aninsular possession subject to its jurisdiction.(b) If a deponent is a party to the action or an officer,director, managing agent, or employee of a party, the service of thedeposition notice is effective to compel that deponent to attend andto testify, as well as to produce any document, electronically storedinformation, or tangible thing for inspection, copying, testing, orsampling. The deposition notice shall specify a place in the state,territory, or insular possession of the United States that is within75 miles of the residence or a business office of a deponent.(c) If the deponent is not a party to the action or an officer,director, managing agent, or employee of a party, a party serving adeposition notice under this section shall use any process andprocedures required and available under the laws of the state,territory, or insular possession where the deposition is to be takento compel the deponent to attend and to testify, as well as toproduce any document, electronically stored information, or tangiblething for inspection, copying, testing, sampling, and any relatedactivity.(d) A deposition taken under this section shall be conducted ineither of the following ways:(1) Under the supervision of a person who is authorized toadminister oaths by the laws of the United States or those of theplace where the examination is to be held, and who is not otherwisedisqualified under Section 2025.320 and subdivisions (b) to (f),inclusive, of Section 2025.340.(2) Before a person appointed by the court.(e) An appointment under subdivision (d) is effective to authorizethat person to administer oaths and to take testimony.(f) On request, the clerk of the court shall issue a commissionauthorizing the deposition in another state or place. The commissionshall request that process issue in the place where the examinationis to be held, requiring attendance and enforcing the obligations ofthe deponents to produce documents and electronically storedinformation and answer questions. The commission shall be issued bythe clerk to any party in any action pending in its venue without anoticed motion or court order. The commission may contain terms thatare required by the foreign jurisdiction to initiate the process. Ifa court order is required by the foreign jurisdiction, an order for acommission may be obtained by ex parte application.

deposition, as described in Section 2025.010, in a foreign nation.Except as modified in this section, the procedures for taking oraldepositions in California set forth in Chapter 9 (commencing withSection 2025.010) apply to an oral deposition taken in a foreignnation.(b) If a deponent is a party to the action or an officer,director, managing agent, or employee of a party, the service of thedeposition notice is effective to compel the deponent to attend andto testify, as well as to produce any document, electronically storedinformation, or tangible thing for inspection, copying, testing, orsampling.(c) If a deponent is not a party to the action or an officer,director, managing agent or employee of a party, a party serving adeposition notice under this section shall use any process andprocedures required and available under the laws of the foreignnation where the deposition is to be taken to compel the deponent toattend and to testify, as well as to produce any document,electronically stored information, or tangible thing for inspection,copying, testing, sampling, and any related activity.(d) A deposition taken under this section shall be conducted underthe supervision of any of the following:(1) A person who is authorized to administer oaths or theirequivalent by the laws of the United States or of the foreign nation,and who is not otherwise disqualified under Section 2025.320 andsubdivisions (b) to (f), inclusive, of Section 2025.340.(2) A person or officer appointed by commission or under lettersrogatory.(3) Any person agreed to by all the parties.(e) On motion of the party seeking to take an oral deposition in aforeign nation, the court in which the action is pending shall issuea commission, letters rogatory, or a letter of request, if itdetermines that one is necessary or convenient. The commission,letters rogatory, or letter of request may include any terms anddirections that are just and appropriate. The deposition officer maybe designated by name or by descriptive title in the depositionnotice and in the commission. Letters rogatory or a letter of requestmay be addressed: "To the Appropriate Judicial Authority in name offoreign nation]."

2028.010. Any party may obtain discovery by taking a
deposition by written questions instead of by oral
examination. Except as modified in this chapter, the
procedures for taking oral depositions set forth in
Chapters 9 (commencing with Section 2025.010) and 10
(commencing with Section 2026 .010) apply to written
depositions.

2028.020. The notice of a written deposition shall
comply with Sections 2025.220 and 2025.230, and with
subdivision (c) of Section 2020.240, except as follows:
(a) The name or descriptive title, as well as the
address, of the deposition officer shall be stated.
(b) The date, time, and place for commencement of the
deposition may be left to future determination by the
deposition officer.

2028.030. (a) The questions to be propounded to the
deponent by direct examination shall accompany the
notice of a written deposition.

(b) Within 30 days after the
deposition notice and questions are served, a party
shall serve any cross questions on all other parties
entitled to notice of the deposition.

(c) Within 15 days after being
served with cross questions, a party shall serve any
redirect questions on all other parties entitled to
notice of the deposition.

(d) Within 15 days after being
served with redirect questions, a party shall serve any
recross questions on all other parties entitled to
notice of the deposition.

(e) The court may, for good cause
shown, extend or shorten the time periods for the
interchange of cross, redirect, and recross questions.

2028.040. (a) A party who objects to
the form of any question shall serve a specific
objection to that question on all parties entitled to
notice of the deposition within 15 days after service of
the question. A party who fails to timely serve an
objection to the form of a question waives it.

(b) The objecting party shall
promptly move the court to sustain the objection. This
motion shall be accompanied by a meet and confer
declaration under Section 2016.040. Unless the court has
sustained that objection, the deposition officer shall
propound to the deponent that question subject to that
objection as to its form.

(c) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion to sustain
an objection, unless it finds that the one subject to
the sanction acted with substantial justification or
that other circumstances make the imposition of the
sanction
unjust.
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2028.050. (a) A party who objects to any question on the
ground that it calls for information that is privileged
or is protected work product under Chapter 4 (commencing
with Section 2018.010) shall serve a specific objection
to that question on all parties entitled to notice of
the deposition within 15 days after service of the
question. A party who fails to timely serve that
objection waives it.

(b) The party propounding any
question to which an objection is made on those grounds
may then move the court for an order overruling that
objection. This motion shall be accompanied by a meet
and confer declaration under Section 2016.040. The
deposition officer shall not propound to the deponent
any question to which a written objection on those
grounds has been served unless the court has overruled
that objection.

(c) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion to overrule
an objection, unless it finds that the one subject to
the sanction acted with substantial justification or
that other circumstances make the imposition of the
sanction unjust.

2028.060. (a) The party taking a written deposition may
forward to the deponent a copy of the questions on
direct examination for study prior to the deposition.

(b) No party or attorney shall
permit the deponent to preview the form or the substance
of any cross, redirect, or recross questions.

2028.070. In addition to any appropriate order listed in
Section 2025.420, the court may order any of the
following:

(a) That the deponent's testimony be
taken by oral, instead of written, examination.

(b) That one or more of the parties
receiving notice of the written deposition be permitted
to attend in person or by attorney and to propound
questions to the deponent by oral examination.

(c) That objections under Sections
2028.040 and 2028.050 be sustained or overruled.

(d) That the deposition be taken
before an officer other than the one named or described
in the deposition notice.

2028.080. The party taking a written deposition shall
deliver to the officer designated in the deposition
notice a copy of that notice and of all questions served
under Section 2028.030. The deposition officer shall
proceed promptly to propound the questions and to take
and record the testimony of the deponent in response to
the questions.

2029 .010. Whenever any mandate, writ, letters rogatory,
letter of request, or commission is issued out of any
court of record in any other state, territory, or
district of the United States, or in a foreign nation,
or whenever, on notice or agreement, it is required to
take the oral or written deposition of a natural person
in California, the deponent may be compelled to appear
and testify, and to produce documents and things, in the
same manner, and by the same process as may be employed
for the purpose of taking testimony in actions pending
in California.

2029.200. In this
article:

(a) "Foreign jurisdiction" means either of the following:(1) A state other than this state.(2) A foreign nation.(b) "Foreign subpoena" means a subpoena issued under authority ofa court of record of a foreign jurisdiction.(c) "Person" means an individual, corporation, business trust,estate, trust, partnership, limited liability company, association,joint venture, public corporation, government, or governmentalsubdivision, agency, or instrumentality, or any other legal orcommercial entity.(d) "State" means a state of the United States, the District ofColumbia, Puerto Rico, the Virgin Islands, a federally recognizedIndian tribe, or any territory or insular possession subject to thejurisdiction of the United States.(e) "Subpoena" means a document, however denominated, issued underauthority of a court of record requiring a person to do any of thefollowing:(1) Attend and give testimony at a deposition.(2) Produce and permit inspection, copying, testing, or samplingof designated books, documents, records, electronically storedinformation, or tangible things in the possession, custody, orcontrol of the person.(3) Permit inspection of premises under the control of the person.

INTERROGATORIES

§ 2030.010. Scope & subject; From
party to a party
§ 2030.020. 10 day hold on plaintiff
§ 2030.030. Number: 35 special if ofject;
unlimited form
§ 2030.040. Declaration for more; Protective
Order to object to more
§ 2030.050.
Attach Form Declaration in support of more;
Responder motion for protective order;
Propounder burden to justify
§ 2030.060.
Form and contents: definitions; No preface,
subparts, etc
§ 2030.070. Supplemental interrog. for later
acquired information
§ 2030.080. Service on all parties
§ 2030.090.
Protective Order by any party or affected person
§ 2030.210.
"under
oath separately to each"; answer, object, sub§
.230

2030 .010. (a) Any party may
obtain discovery within the scope delimited by Chapters
2 (commencing with Section 2017.010) and 3 (commencing
with Section 2017.710), and subject to the restrictions
set forth in Chapter 5 (commencing with Section
2019.010), by propounding to any other party to the
action written interrogatories to be answered under
oath.

(b) An interrogatory may relate to
whether another party is making a certain contention, or
to the facts, witnesses, and writings on which a
contention is based. An interrogatory is not
objectionable because an answer to it involves an
opinion or contention that relates to fact or the
application of law to fact, or would be based on
information obtained or legal theories developed in
anticipation of litigation or in preparation for trial.

2030 .020. (a) A defendant may
propound interrogatories to a party to the action
without leave of court at any time.

(b) A plaintiff may propound
interrogatories to a party without leave of court at any
time that is 10 days after the service of the summons
on, or in unlawful detainer actions five days after
service of the summons on or appearance by, that party,
whichever occurs first.

(c) Notwithstanding subdivision (b),
on motion with or without notice, the court, for good
cause shown, may grant leave to a plaintiff to propound
interrogatories at an earlier time.

2030 .030. (a) A party may
propound to another party either or both of the
following:
(1) Thirty-five specially prepared interrogatories that
are relevant to the subject matter of the pending
action.
(2) Any additional number of official form
interrogatories, as described in Chapter 17 (commencing
with Section 2033.710), that are relevant to the subject
matter of the pending action.

(b) Except as provided in Section
2030 .070, no party shall, as a matter of right,
propound to any other party more than 35 specially
prepared interrogatories. If the initial set of
interrogatories does not exhaust this limit, the balance
may be propounded in subsequent sets.

(c) Unless a declaration as
described in Section 2030 .050 has been made, a party
need only respond to the first 35 specially prepared
interrogatories served, if that party states an
objection to the balance, under Section 2030 .240, on
the ground that the limit has been exceeded.

2030 .040. (a) Subject to the right
of the responding party to seek a protective order under
Section 2030 .090, any party who attaches a supporting
declaration as described in Section 2030 .050 may
propound a greater number of specially prepared
interrogatories to another party if this greater number
is warranted because of any of the following:
(1) The complexity or the quantity of the existing and
potential issues in the particular case.
(2) The financial burden on a party entailed in
conducting the discovery by oral deposition.
(3) The expedience of using this method of discovery to
provide to the responding party the opportunity to
conduct an inquiry, investigation, or search of files or
records to supply the information sought.

(b) If the responding party seeks a
protective order on the ground that the number of
specially prepared interrogatories is unwarranted, the
propounding party shall have the burden of justifying
the number of these interrogatories.

2030 .050.
Any party who is propounding or has propounded more than
35 specially prepared interrogatories to any other party
shall attach to each set of those interrogatories a
declaration containing substantially the following:

DECLARATION FOR
ADDITIONAL DISCOVERY I, __________, declare: 1. I am (a
party to this action or proceeding appearing in propria
persona) (presently the attorney for __________, a party
to this action or proceeding). 2. I am propounding to
__________ the attached set of interrogatories. 3. This
set of interrogatories will cause the total number of
specially prepared interrogatories propounded to the
party to whom they are directed to exceed the number of
specially prepared interrogatories permitted by Section
2030 .030 of the Code of Civil Procedure . 4. I have
previously propounded a total of __________
interrogatories to this party, of which __________
interrogatories were not official form interrogatories.
5. This set of interrogatories contains a total of
__________ specially prepared interrogatories. 6. I am
familiar with the issues and the previous discovery
conducted by all of the parties in the case. 7. I have
personally examined each of the questions in this set of
interrogatories. 8. This number of questions is
warranted under Section 2030 .040 of the Code of Civil
Procedure because __________. (Here state each factor
described in Section 2030 .040 that is relied on, as
well as the reasons why any factor relied on is
applicable to the instant lawsuit.) 9. None of the
questions in this set of interrogatories is being
propounded for any improper purpose, such as to harass
the party, or the attorney for the party, to whom it is
directed, or to cause unnecessary delay or needless
increase in the cost of litigation. I declare under
penalty of perjury under the laws of California that the
foregoing is true and correct, and that this declaration
was executed on __________.

2030 .060.
(a) A party propounding interrogatories shall number
each set of interrogatories consecutively.

(b) In the first paragraph
immediately below the title of the case, there shall
appear the identity of the propounding party, the set
number, and the identity of the responding party.

(c) Each interrogatory in a set
shall be separately set forth and identified by number
or letter.

(d) Each interrogatory shall be full
and complete in and of itself. No preface or instruction
shall be included with a set of interrogatories unless
it has been approved under Chapter 17 (commencing with
Section 2033.710).

(e) Any term specially defined in a
set of interrogatories shall be typed with all letters
capitalized wherever that term appears.

(g) An interrogatory may not be made
a continuing one so as to impose on the party responding
to it a duty to supplement an answer to it that was
initially correct and complete with later acquired
information.
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2030 .070. (a) In addition to the
number of interrogatories permitted by Sections 2030
.030 and 2030 .040, a party may propound a supplemental
interrogatory to elicit any later acquired information
bearing on all answers previously made by any party in
response to interrogatories.

(b) A party may propound a
supplemental interrogatory twice before the initial
setting of a trial date, and, subject to the time limits
on discovery proceedings and motions provided in Chapter
8 (commencing with Section 2024.010), once after the
initial setting of a trial date.

(c) Notwithstanding subdivisions (a)
and (b), on motion, for good cause shown, the court may
grant leave to a party to propound an additional number
of supplemental interrogatories.

2030 .080. (a) The party propounding
interrogatories shall serve a copy of them on the party
to whom the interrogatories are directed.

(b) The propounding party shall also
serve a copy of the interrogatories on all other parties
who have appeared in the action. On motion, with or
without notice, the court may relieve the party from
this requirement on its determination that service on
all other parties would be unduly expensive or
burdensome.

2030 .090.
(a) When interrogatories have been propounded, the
responding party, and any other party or affected
natural person or organization may promptly move for a
protective order. This motion shall be accompanied by a
meet and confer declaration under Section 2016.040.

(b) The court, for good cause shown,
may make any order that justice requires to protect any
party or other natural person or organization from
unwarranted annoyance, embarrassment, or oppression, or
undue burden and expense. This protective order may
include, but is not limited to, one or more of the
following directions: (1) That the set of
interrogatories, or particular interrogatories in the
set, need not be answered.
(2) That, contrary to the representations made in a
declaration submitted under Section 2030 .050, the
number of specially prepared interrogatories is
unwarranted.
(3) That the time specified in Section 2030 .260 to
respond to the set of interrogatories, or to particular
interrogatories in the set, be extended.
(4) That the response be made only on specified terms
and conditions.
(5) That the method of discovery be an oral deposition
instead of interrogatories to a party.
(6) That a trade secret or other confidential research,
development, or commercial information not be disclosed
or be disclosed only in a certain way.
(7) That some or all of the answers to interrogatories
be sealed and thereafter opened only on order of the
court. (c) If the motion for a protective order is
denied in whole or in part, the court may order that the
party provide or permit the discovery against which
protection was sought on terms and conditions that are
just.

(d) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion for a
protective order under this section, unless it finds
that the one subject to the sanction acted with
substantial justification or that other circumstances
make the imposition of the sanction unjust.

2030 .210.
(a) The party to whom interrogatories have been
propounded shall respond in writing under oath
separately to each interrogatory by any of the
following:
(1) An answer containing the information sought to be
discovered.
(2) An exercise of the party's option to produce
writings.
(3) An objection to the particular interrogatory.

(b) In the first paragraph of the
response immediately below the title of the case, there
shall appear the identity of the responding party, the
set number, and the identity of the propounding party.

(c) Each answer, exercise of option,
or objection in the response shall bear the same
identifying number or letter and be in the same sequence
as the corresponding interrogatory, but the text of that
interrogatory need not be repeated.

2030 .220. (a) Each answer in a
response to interrogatories shall be as complete and
straightforward as the information reasonably available
to the responding party permits.

(b) If an interrogatory cannot be
answered completely, it shall be answered to the extent
possible.

(c) If the responding party does not
have personal knowledge sufficient to respond fully to
an interrogatory, that party shall so state, but shall
make a reasonable and good faith effort to obtain the
information by inquiry to other natural persons or
organizations, except where the information is equally
available to the propounding party.

2030 .230. If the answer to an
interrogatory would necessitate the preparation or the
making of a compilation, abstract, audit, or summary of
or from the documents of the party to whom the
interrogatory is directed, and if the burden or expense
of preparing or making it would be substantially the
same for the party propounding the interrogatory as for
the responding party, it is a sufficient answer to that
interrogatory to refer to this section and to specify
the writings from which the answer may be derived or
ascertained. This specification shall be in sufficient
detail to permit the propounding party to locate and to
identify, as readily as the responding party can, the
documents from which the answer may be ascertained. The
responding party shall then afford to the propounding
party a reasonable opportunity to examine, audit, or
inspect these documents and to make copies,
compilations, abstracts, or summaries of them.

2030 .240.
(a) If only a part of an interrogatory is objectionable,
the remainder of the interrogatory shall be answered.

(b) If an objection is made to an
interrogatory or to a part of an interrogatory, the
specific ground for the objection shall be set forth
clearly in the response. If an objection is based on a
claim of privilege, the particular privilege invoked
shall be clearly stated. If an objection is based on a
claim that the information sought is protected work
product under Chapter 4 (commencing with Section
2018.010), that claim shall be expressly asserted.

2030 .250. (a) The party to whom the
interrogatories are directed shall sign the response
under oath unless the response contains only objections.

(b) If that party is a public or
private corporation, or a partnership, association, or
governmental agency, one of its officers or agents shall
sign the response under oath on behalf of that party. If
the officer or agent signing the response on behalf of
that party is an attorney acting in that capacity for
the party, that party waives any lawyer-client privilege
and any protection for work product under Chapter 4
(commencing with Section 2018.010) during any subsequent
discovery from that attorney concerning the identity of
the sources of the information contained in the
response.

(c) The attorney for the responding
party shall sign any responses that contain an
objection.

2030 .260. (a) Within 30 days after
service of interrogatories, or in unlawful detainer
actions within five days after service of
interrogatories the party to whom the interrogatories
are propounded shall serve the original of the response
to them on the propounding party, unless on motion of
the propounding party the court has shortened the time
for response, or unless on motion of the responding
party the court has extended the time for response. In
unlawful detainer actions, the party to whom the
interrogatories are propounded shall have five days from
the date of service to respond unless on motion of the
propounding party the court has shortened the time for
response.

(b) The party to whom the
interrogatories are propounded shall also serve a copy
of the response on all other parties who have appeared
in the action. On motion, with or without notice, the
court may relieve the party from this requirement on its
determination that service on all other parties would be
unduly expensive or burdensome.

2030 .270. (a) The party propounding
interrogatories and the responding party may agree to
extend the time for service of a response to a set of
interrogatories, or to particular interrogatories in a
set, to a date beyond that provided in Section 2030
.260.

(b) This agreement may be informal,
but it shall be confirmed in a writing that specifies
the extended date for service of a response.

(c) Unless this agreement expressly
states otherwise, it is effective to preserve to the
responding party the right to respond to any
interrogatory to which the agreement applies in any
manner specified in Sections 2030 .210, 2030 .220, 2030
.230, and 2030 .240.

2030 .280. (a) The interrogatories
and the response thereto shall not be filed with the
court.

(b) The propounding party shall
retain both the original of the interrogatories, with
the original proof of service affixed to them, and the
original of the sworn response until six months after
final disposition of the action. At that time, both
originals may be destroyed, unless the court on motion
of any party and for good cause shown orders that the
originals be preserved for a longer period.

2030 .290.
If a party to whom interrogatories are directed fails to
serve a timely response, the following rules apply:

(a) The party to whom the
interrogatories are directed waives any right to
exercise the option to produce writings under Section
2030 .230, as well as any objection to the
interrogatories, including one based on privilege or on
the protection for work product under Chapter 4
(commencing with Section 2018.010). The court, on
motion, may relieve that party from this waiver on its
determination that both of the following conditions are
satisfied:
(1) The party has subsequently served a response that is
in substantial compliance with Sections 2030 .210, 2030
.220, 2030 .230, and 2030 .240.
(2) The party's failure to serve a timely response was
the result of mistake, inadvertence, or excusable
neglect.

(b) The party propounding the
interrogatories may move for an order compelling
response to the interrogatories.

(c) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion to compel a
response to interrogatories, unless it finds that the
one subject to the sanction acted with substantial
justification or that other circumstances make the
imposition of the sanction unjust. If a party then fails
to obey an order compelling answers, the court may make
those orders that are just, including the imposition of
an issue sanction, an evidence sanction, or a
terminating sanction under Chapter 7 (commencing with
Section 2023.010). In lieu of or in addition to that
sanction, the court may impose a monetary sanction under
Chapter 7 (commencing with Section
2023.010).
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2030 .300.
(a) On receipt of a response to interrogatories, the
propounding party may move for an order compelling a
further response if the propounding party deems that any
of the following apply:
(1) An answer to a particular interrogatory is evasive
or incomplete.
(2) An exercise of the option to produce documents under
Section 2030 .230 is unwarranted or the required
specification of those documents is inadequate.
(3) An objection to an interrogatory is without merit or
too general.

(b) A motion under subdivision (a)
shall be accompanied by a meet and confer declaration
under Section 2016.040.

(c) Unless notice of this motion is
given within 45 days of the service of the response, or
any supplemental response, or on or before any specific
later date to which the propounding party and the
responding party have agreed in writing, the propounding
party waives any right to compel a further response to
the interrogatories.

(d) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion to compel a
further response to interrogatories, unless it finds
that the one subject to the sanction acted with
substantial justification or that other circumstances
make the imposition of the sanction unjust.

(e) If a party then fails to obey an
order compelling further response to interrogatories,
the court may make those orders that are just, including
the imposition of an issue sanction, an evidence
sanction, or a terminating sanction under Chapter 7
(commencing with Section 2023.010). In lieu of or in
addition to that sanction, the court may impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010).

2030 .310. (a) Without leave of
court, a party may serve an amended answer to any
interrogatory that contains information subsequently
discovered, inadvertently omitted, or mistakenly stated
in the initial interrogatory. At the trial of the
action, the propounding party or any other party may use
the initial answer under Section 2030 .410, and the
responding party may then use the amended answer.

(b) The party who propounded an
interrogatory to which an amended answer has been served
may move for an order that the initial answer to that
interrogatory be deemed binding on the responding party
for the purpose of the pending action. This motion shall
be accompanied by a meet and confer declaration under
Section 2016.040.

(c) The court shall grant a motion
under subdivision (b) if it determines that all of the
following conditions are satisfied:
(1) The initial failure of the responding party to
answer the interrogatory correctly has substantially
prejudiced the party who propounded the interrogatory.
(2) The responding party has failed to show substantial
justification for the initial answer to that
interrogatory.
(3) The prejudice to the propounding party cannot be
cured either by a continuance to permit further
discovery or by the use of the initial answer under
Section 2030 .410.

(d) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion to deem
binding an initial answer to an interrogatory, unless it
finds that the one subject to the sanction acted with
substantial justification or that other circumstances
make the imposition of the sanction unjust.

2030 . 410 . At the trial or any
other hearing in the action, so far as admissible under
the rules of evidence, the propounding party or any
party other than the responding party may use any answer
or part of an answer to an interrogatory only against
the responding party. It is not ground for objection to
the use of an answer to an interrogatory that the
responding party is available to testify, has testified,
or will testify at the trial or other hearing.

2031.010. (a) Any party may obtain discovery within the scopedelimited by Chapters 2 (commencing with Section 2017.010) and 3(commencing with Section 2017.710), and subject to the restrictionsset forth in Chapter 5 (commencing with Section 2019.010), byinspecting, copying, testing, or sampling documents, tangible things,land or other property, and electronically stored information in thepossession, custody, or control of any other party to the action. (b) A party may demand that any other party produce and permit theparty making the demand, or someone acting on that party's behalf,to inspect and to copy a document that is in the possession, custody,or control of the party on whom the demand is made. (c) A party may demand that any other party produce and permit theparty making the demand, or someone acting on that party's behalf,to inspect and to photograph, test, or sample any tangible thingsthat are in the possession, custody, or control of the party on whomthe demand is made. (d) A party may demand that any other party allow the party makingthe demand, or someone acting on that party's behalf, to enter onany land or other property that is in the possession, custody, orcontrol of the party on whom the demand is made, and to inspect andto measure, survey, photograph, test, or sample the land or otherproperty, or any designated object or operation on it. (e) A party may demand that any other party produce and permit theparty making the demand, or someone acting on that party's behalf,to inspect, copy, test, or sample electronically stored informationin the possession, custody, or control of the party on whom demand ismade.

2031.020. (a) A defendant may make a demand for inspection,copying, testing, or sampling without leave of court at any time. (b) A plaintiff may make a demand for inspection, copying,testing, or sampling without leave of court at any time that is 10days after the service of the summons on, or appearance by, the partyto whom the demand is directed, whichever occurs first. (c) Notwithstanding subdivision (b), in an unlawful detaineraction or other proceeding under Chapter 4 (commencing with Section1159) of Title 3 of Part 3, a plaintiff may make a demand forinspection, copying, testing, or sampling without leave of court atany time that is five days after service of the summons on, orappearance by, the party to whom the demand is directed, whicheveroccurs first. (d) Notwithstanding subdivisions (b) and (c), on motion with orwithout notice, the court, for good cause shown, may grant leave to aplaintiff to make a demand for inspection, copying, testing, orsampling at an earlier time.

2031.030. (a) (1) A party demanding inspection, copying, testing,or sampling shall number each set of demands consecutively. (2) A party demanding inspection, copying, testing, or sampling ofelectronically stored information may specify the form or forms inwhich each type of electronically stored information is to beproduced. (b) In the first paragraph immediately below the title of thecase, there shall appear the identity of the demanding party, the setnumber, and the identity of the responding party. (c) Each demand in a set shall be separately set forth, identifiedby number or letter, and shall do all of the following: (1) Designate the documents, tangible things, land or otherproperty, or electronically stored information to be inspected,copied, tested, or sampled either by specifically describing eachindividual item or by reasonably particularizing each category ofitem. (2) Specify a reasonable time for the inspection, copying,testing, or sampling that is at least 30 days after service of thedemand, unless the court for good cause shown has granted leave tospecify an earlier date. In an unlawful detainer action or otherproceeding under Chapter 4 (commencing with Section 1159) of Title 3of Part 3, the demand shall specify a reasonable time for theinspection, copying, testing, or sampling that is at least five daysafter service of the demand, unless the court, for good cause shown,has granted leave to specify an earlier date. (3) Specify a reasonable place for making the inspection, copying,testing, or sampling, and performing any related activity. (4) Specify any inspection, copying, testing, sampling, or relatedactivity that is being demanded, as well as the manner in which thatactivity will be performed, and whether that activity willpermanently alter or destroy the item involved.

2031.040. The party making a demand for inspection, copying,testing, or sampling shall serve a copy of the demand on the party towhom it is directed and on all other parties who have appeared inthe action.

2031.050. (a) In addition to the demands for inspection, copying,testing, or sampling permitted by this chapter, a party may propounda supplemental demand to inspect, copy, test, or sample any lateracquired or discovered documents, tangible things, land or otherproperty, or electronically stored information in the possession,custody, or control of the party on whom the demand is made. (b) A party may propound a supplemental demand for inspection,copying, testing, or sampling twice before the initial setting of atrial date, and, subject to the time limits on discovery proceedingsand motions provided in Chapter 8 (commencing with Section 2024.010),once after the initial setting of a trial date. (c) Notwithstanding subdivisions (a) and (b), on motion, for goodcause shown, the court may grant leave to a party to propound anadditional number of supplemental demands for inspection, copying,testing, or sampling.

2031.060. (a) When an inspection, copying, testing, or sampling ofdocuments, tangible things, places, or electronically storedinformation has been demanded, the party to whom the demand has beendirected, and any other party or affected person, may promptly movefor a protective order. This motion shall be accompanied by a meetand confer declaration under Section 2016.040. (b) The court, for good cause shown, may make any order thatjustice requires to protect any party or other person fromunwarranted annoyance, embarrassment, or oppression, or undue burdenand expense. This protective order may include, but is not limitedto, one or more of the following directions: (1) That all or some of the items or categories of items in thedemand need not be produced or made available at all. (2) That the time specified in Section 2030.260 to respond to theset of demands, or to a particular item or category in the set, beextended. (3) That the place of production be other than that specified inthe demand. (4) That the inspection, copying, testing, or sampling be madeonly on specified terms and conditions. (5) That a trade secret or other confidential research,development, or commercial information not be disclosed, or bedisclosed only to specified persons or only in a specified way. (6) That the items produced be sealed and thereafter opened onlyon order of the court. (c) The party or affected person who seeks a protective orderregarding the production, inspection, copying, testing, or samplingof electronically stored information on the basis that theinformation is from a source that is not reasonably accessiblebecause of undue burden or expense shall bear the burden ofdemonstrating that the information is from a source that is notreasonably accessible because of undue burden or expense. (d) If the party or affected person from whom discovery ofelectronically stored information is sought establishes that theinformation is from a source that is not reasonably accessiblebecause of undue burden or expense, the court may nonetheless orderdiscovery if the demanding party shows good cause, subject to anylimitations imposed under subdivision (f). (e) If the court finds good cause for the production ofelectronically stored information from a source that is notreasonably accessible, the court may set conditions for the discoveryof the electronically stored information, including allocation ofthe expense of discovery. (f) The court shall limit the frequency or extent of discovery ofelectronically stored information, even from a source that isreasonably accessible, if the court determines that any of thefollowing conditions exist: (1) It is possible to obtain the information from some othersource that is more convenient, less burdensome, or less expensive. (2) The discovery sought is unreasonably cumulative orduplicative. (3) The party seeking discovery has had ample opportunity bydiscovery in the action to obtain the information sought. (4) The likely burden or expense of the proposed discoveryoutweighs the likely benefit, taking into account the amount incontroversy, the resources of the parties, the importance of theissues in the litigation, and the importance of the requesteddiscovery in resolving the issues. (g) If the motion for a protective order is denied in whole or inpart, the court may order that the party to whom the demand wasdirected provide or permit the discovery against which protection wassought on terms and conditions that are just. (h) Except as provided in subdivision (i), the court shall imposea monetary sanction under Chapter 7 (commencing with Section2023.010) against any party, person, or attorney who unsuccessfullymakes or opposes a motion for a protective order, unless it findsthat the one subject to the sanction acted with substantialjustification or that other circumstances make the imposition of thesanction unjust. (i) (1) Notwithstanding subdivision (h), absent exceptionalcircumstances, the court shall not impose sanctions on a party or anyattorney of a party for failure to provide electronically storedinformation that has been lost, damaged, altered, or overwritten asthe result of the routine, good faith operation of an electronicinformation system. (2) This subdivision shall not be construed to alter anyobligation to preserve discoverable information.

2031.210. (a) The party to whom a demand for inspection, copying,testing, or sampling has been directed shall respond separately toeach item or category of item by any of the following:(1) A statement that the party will comply with the particulardemand for inspection, copying, testing, or sampling by the date setfor the inspection, copying, testing, or sampling pursuant toparagraph (2) of subdivision (c) of Section 2031.030 and any relatedactivities. (2) A representation that the party lacks the ability to complywith the demand for inspection, copying, testing, or sampling of aparticular item or category of item. (3) An objection to the particular demand for inspection, copying,testing, or sampling. (b) In the first paragraph of the response immediately below thetitle of the case, there shall appear the identity of the respondingparty, the set number, and the identity of the demanding party. (c) Each statement of compliance, each representation, and eachobjection in the response shall bear the same number and be in thesame sequence as the corresponding item or category in the demand,but the text of that item or category need not be repeated. (d) If a party objects to the discovery of electronically storedinformation on the grounds that it is from a source that is notreasonably accessible because of undue burden or expense and that theresponding party will not search the source in the absence of anagreement with the demanding party or court order, the respondingparty shall identify in its response the types or categories ofsources of electronically stored information that it asserts are notreasonably accessible. By objecting and identifying information of atype or category of source or sources that are not reasonablyaccessible, the responding party preserves any objections it may haverelating to that electronically stored information.

2031.220. A statement that the party to whom a demand forinspection, copying, testing, or sampling has been directed willcomply with the particular demand shall state that the production,inspection, copying, testing, or sampling, and related activitydemanded, will be allowed either in whole or in part, and that alldocuments or things in the demanded category that are in thepossession, custody, or control of that party and to which noobjection is being made will be included in the production.

2031.230. A representation of inability to comply with theparticular demand for inspection, copying, testing, or sampling shallaffirm that a diligent search and a reasonable inquiry has been madein an effort to comply with that demand. This statement shall alsospecify whether the inability to comply is because the particularitem or category has never existed, has been destroyed, has beenlost, misplaced, or stolen, or has never been, or is no longer, inthe possession, custody, or control of the responding party. Thestatement shall set forth the name and address of any natural personor organization known or believed by that party to have possession,custody, or control of that item or category of item.

2031.240. (a) If only part of an item or category of item in ademand for inspection, copying, testing, or sampling isobjectionable, the response shall contain a statement of compliance,or a representation of inability to comply with respect to theremainder of that item or category. (b) If the responding party objects to the demand for inspection,copying, testing, or sampling of an item or category of item, theresponse shall do both of the following: (1) Identify with particularity any document, tangible thing,land, or electronically stored information falling within anycategory of item in the demand to which an objection is being made. (2) Set forth clearly the extent of, and the specific ground for,the objection. If an objection is based on a claim of privilege, theparticular privilege invoked shall be stated. If an objection isbased on a claim that the information sought is protected workproduct under Chapter 4 (commencing with Section 2018.010), thatclaim shall be expressly asserted.(c) (1) If an objection is based on a claim of privilege or a claim that the information sought is
protected work product, the response shall provide sufficient factual
information for other parties to evaluate the merits of that claim,including, if necessary, a privilege log. (2) It is the intent of the Legislature to codify the concept of a privilege log as that term is used in California case law. Nothing in this subdivision shall be construed to constitute a substantive change in case law.

2031.250. (a) The party to whom the demand for inspection, copying,testing, or sampling is directed shall sign the response under oathunless the response contains only objections. (b) If that party is a public or private corporation or apartnership or association or governmental agency, one of itsofficers or agents shall sign the response under oath on behalf ofthat party. If the officer or agent signing the response on behalf ofthat party is an attorney acting in that capacity for a party, thatparty waives any lawyer-client privilege and any protection for workproduct under Chapter 4 (commencing with Section 2018.010) during anysubsequent discovery from that attorney concerning the identity ofthe sources of the information contained in the response. (c) The attorney for the responding party shall sign any responsesthat contain an objection.

2031.260. (a) Within 30 days after service of a demand forinspection, copying, testing, or sampling, the party to whom thedemand is directed shall serve the original of the response to it onthe party making the demand, and a copy of the response on all otherparties who have appeared in the action, unless on motion of theparty making the demand, the court has shortened the time forresponse, or unless on motion of the party to whom the demand hasbeen directed, the court has extended the time for response. (b) Notwithstanding subdivision (a), in an unlawful detaineraction or other proceeding under Chapter 4 (commencing with Section1159) of Title 3 of Part 3, the party to whom a demand forinspection, copying, testing, or sampling is directed shall have atleast five days from the date of service of the demand to respond,unless on motion of the party making the demand, the court hasshortened the time for the response, or unless on motion of the partyto whom the demand has been directed, the court has extended thetime for response.

2031.270. (a) The party demanding inspection, copying, testing, orsampling and the responding party may agree to extend the date forthe inspection, copying, testing, or sampling or the time for serviceof a response to a set of demands, or to particular items orcategories of items in a set, to a date or dates beyond thoseprovided in Sections 2031.030, 2031.210, 2031.260, and 2031.280. (b) This agreement may be informal, but it shall be confirmed in awriting that specifies the extended date for inspection, copying,testing, or sampling, or for the service of a response. (c) Unless this agreement expressly states otherwise, it iseffective to preserve to the responding party the right to respond toany item or category of item in the demand to which the agreementapplies in any manner specified in Sections 2031.210, 2031.220,2031.230, 2031.240, and 2031.280.

2031.280. (a) Any documents produced in response to a demand forinspection, copying, testing, or sampling shall either be produced asthey are kept in the usual course of business, or be organized andlabeled to correspond with the categories in the demand. (b) The documents shall be produced on the date specified in thedemand pursuant to paragraph (2) of subdivision (c) of Section2031.030, unless an objection has been made to that date. If the datefor inspection has been extended pursuant to Section 2031.270, thedocuments shall be produced on the date agreed to pursuant to thatsection. (c) If a party responding to a demand for production ofelectronically stored information objects to a specified form forproducing the information, or if no form is specified in the demand,the responding party shall state in its response the form in which itintends to produce each type of information. (d) Unless the parties otherwise agree or the court otherwiseorders, the following shall apply: (1) If a demand for production does not specify a form or formsfor producing a type of electronically stored information, theresponding party shall produce the information in the form or formsin which it is ordinarily maintained or in a form that is reasonablyusable. (2) A party need not produce the same electronically storedinformation in more than one form. (e) If necessary, the responding party at the reasonable expenseof the demanding party shall, through detection devices, translateany data compilations included in the demand into reasonably usableform.

2031.285. (a) If electronically stored information produced indiscovery is subject to a claim of privilege or of protection asattorney work product, the party making the claim may notify anyparty that received the information of the claim and the basis forthe claim. (b) After being notified of a claim of privilege or of protectionunder subdivision (a), a party that received the information shallimmediately sequester the information and either return the specifiedinformation and any copies that may exist or present the informationto the court conditionally under seal for a determination of theclaim. (c) (1) Prior to the resolution of the motion brought undersubdivision (d), a party shall be precluded from using or disclosingthe specified information until the claim of privilege is resolved. (2) A party who received and disclosed the information beforebeing notified of a claim of privilege or of protection undersubdivision (a) shall, after that notification, immediately takereasonable steps to retrieve the information. (d) (1) If the receiving party contests the legitimacy of a claimof privilege or protection, he or she may seek a determination of theclaim from the court by making a motion within 30 days of receivingthe claim and presenting the information to the court conditionallyunder seal. (2) Until the legitimacy of the claim of privilege or protectionis resolved, the receiving party shall preserve the information andkeep it confidential and shall be precluded from using theinformation in any manner.

2031.290. (a) The demand for inspection, copying, testing, orsampling, and the response to it, shall not be filed with the court. (b) The party demanding an inspection, copying, testing, orsampling shall retain both the original of the demand, with theoriginal proof of service affixed to it, and the original of thesworn response until six months after final disposition of theaction. At that time, both originals may be destroyed, unless thecourt, on motion of any party and for good cause shown, orders thatthe originals be preserved for a longer period.

2031.300. If a party to whom a demand for inspection, copying,testing, or sampling is directed fails to serve a timely response toit, the following rules shall apply: (a) The party to whom the demand for inspection, copying, testing,or sampling is directed waives any objection to the demand,including one based on privilege or on the protection for workproduct under Chapter 4 (commencing with Section 2018.010). Thecourt, on motion, may relieve that party from this waiver on itsdetermination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is insubstantial compliance with Sections 2031.210, 2031.220, 2031.230,2031.240, and 2031.280. (2) The party's failure to serve a timely response was the resultof mistake, inadvertence, or excusable neglect. (b) The party making the demand may move for an order compellingresponse to the demand. (c) Except as provided in subdivision (d), the court shall imposea monetary sanction under Chapter 7 (commencing with Section2023.010) against any party, person, or attorney who unsuccessfullymakes or opposes a motion to compel a response to a demand forinspection, copying, testing, or sampling, unless it finds that theone subject to the sanction acted with substantial justification orthat other circumstances make the imposition of the sanction unjust.If a party then fails to obey the order compelling a response, thecourt may make those orders that are just, including the impositionof an issue sanction, an evidence sanction, or a terminating sanctionunder Chapter 7 (commencing with Section 2023.010). In lieu of or inaddition to this sanction, the court may impose a monetary sanctionunder Chapter 7 (commencing with Section 2023.010). (d) (1) Notwithstanding subdivision (c), absent exceptionalcircumstances, the court shall not impose sanctions on a party or anyattorney of a party for failure to provide electronically storedinformation that has been lost, damaged, altered, or overwritten as aresult of the routine, good faith operation of an electronicinformation system. (2) This subdivision shall not be construed to alter anyobligation to preserve discoverable information.

2031.310. (a) On receipt of a response to a demand for inspection,copying, testing, or sampling, the demanding party may move for anorder compelling further response to the demand if the demandingparty deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate,incomplete, or evasive. (3) An objection in the response is without merit or too general. (b) A motion under subdivision (a) shall comply with both of thefollowing: (1) The motion shall set forth specific facts showing good causejustifying the discovery sought by the demand. (2) The motion shall be accompanied by a meet and conferdeclaration under Section 2016.040. (c) Unless notice of this motion is given within 45 days of theservice of the response, or any supplemental response, or on orbefore any specific later date to which the demanding party and theresponding party have agreed in writing, the demanding party waivesany right to compel a further response to the demand. (d) In a motion under subdivision (a) relating to the productionof electronically stored information, the party or affected personobjecting to or opposing the production, inspection, copying,testing, or sampling of electronically stored information on thebasis that the information is from a source that is not reasonablyaccessible because of the undue burden or expense shall bear theburden of demonstrating that the information is from a source that isnot reasonably accessible because of undue burden or expense. (e) If the party or affected person from whom discovery ofelectronically stored information is sought establishes that theinformation is from a source that is not reasonably accessiblebecause of the undue burden or expense, the court may nonethelessorder discovery if the demanding party shows good cause, subject toany limitations imposed under subdivision (g). (f) If the court finds good cause for the production ofelectronically stored information from a source that is notreasonably accessible, the court may set conditions for the discoveryof the electronically stored information, including allocation ofthe expense of discovery. (g) The court shall limit the frequency or extent of discovery ofelectronically stored information, even from a source that isreasonably accessible, if the court determines that any of thefollowing conditions exists: (1) It is possible to obtain the information from some othersource that is more convenient, less burdensome, or less expensive. (2) The discovery sought is unreasonably cumulative orduplicative. (3) The party seeking discovery has had ample opportunity bydiscovery in the action to obtain the information sought. (4) The likely burden or expense of the proposed discoveryoutweighs the likely benefit, taking into account the amount incontroversy, the resources of the parties, the importance of theissues in the litigation, and the importance of the requesteddiscovery in resolving the issues. (h) Except as provided in subdivision (j), the court shall imposea monetary sanction under Chapter 7 (commencing with Section2023.010) against any party, person, or attorney who unsuccessfullymakes or opposes a motion to compel further response to a demand,unless it finds that the one subject to the sanction acted withsubstantial justification or that other circumstances make theimposition of the sanction unjust. (i) Except as provided in subdivision (j), if a party fails toobey an order compelling further response, the court may make thoseorders that are just, including the imposition of an issue sanction,an evidence sanction, or a terminating sanction under Chapter 7(commencing with Section 2023.010). In lieu of or in addition to thatsanction, the court may impose a monetary sanction under Chapter 7(commencing with Section 2023.010). (j) (1) Notwithstanding subdivisions (h) and (i), absentexceptional circumstances, the court shall not impose sanctions on aparty or any attorney of a party for failure to provideelectronically stored information that has been lost, damaged,altered, or overwritten as the result of the routine, good faithoperation of an electronic information system. (2) This subdivision shall not be construed to alter anyobligation to preserve discoverable information.

2031.320. (a) If a party filing a response to a demand forinspection, copying, testing, or sampling under Sections 2031.210,2031.220, 2031.230, 2031.240, and 2031.280 thereafter fails to permitthe inspection, copying, testing, or sampling in accordance withthat party's statement of compliance, the demanding party may movefor an order compelling compliance. (b) Except as provided in subdivision (d), the court shall imposea monetary sanction under Chapter 7 (commencing with Section2023.010) against any party, person, or attorney who unsuccessfullymakes or opposes a motion to compel compliance with a demand, unlessit finds that the one subject to the sanction acted with substantialjustification or that other circumstances make the imposition of thesanction unjust. (c) Except as provided in subdivision (d), if a party then failsto obey an order compelling inspection, copying, testing, orsampling, the court may make those orders that are just, includingthe imposition of an issue sanction, an evidence sanction, or aterminating sanction under Chapter 7 (commencing with Section2023.010). In lieu of or in addition to that sanction, the court mayimpose a monetary sanction under Chapter 7 (commencing with Section2023.010). (d) (1) Notwithstanding subdivisions (b) and (c), absentexceptional circumstances, the court shall not impose sanctions on aparty or any attorney of a party for failure to provideelectronically stored information that has been lost, damaged,altered, or overwritten as the result of the routine, good faithoperation of an electronic information system.(2) This subdivision shall not be construed to alter anyobligation to preserve discoverable information.

2031.510. (a) In any action, regardless of who is the moving party,where the boundary of land patented or otherwise granted by thestate is in dispute, or the validity of any state patent or grantdated before 1950 is in dispute, all parties shall have the duty todisclose to all opposing parties all nonprivileged relevant writtenevidence then known and available, including evidence againstinterest, relating to the above issues. (b) This evidence shall be disclosed within 120 days after thefiling with the court of proof of service upon all named defendants.Thereafter, the parties shall have the continuing duty to make allsubsequently discovered relevant and nonprivileged written evidenceavailable to the opposing parties.

2032 .010. (a) Nothing in this
chapter affects tests under the Uniform Act on Blood
Tests to Determine Paternity (Chapter 2 (commencing with
Section 7550) of Part 2 of Division 12 of the Family
Code). (b) Nothing in this chapter requires the
disclosure of the identity of an expert consulted by an
attorney in order to make the certification required in
an action for professional negligence under Sections
411.30 and 411.35.

2032 .020.
(a) Any party may obtain discovery, subject to the
restrictions set forth in Chapter 5 (commencing with
Section 2019.010), by means of a physical or mental
examination of

(1) a
party to the action,
(2) an agent of any party, or
(3) a natural person in the custody or under the legal
control of a party, in any action in which the mental or
physical condition (including the blood group) of that
party or other person is in controversy in the action.

(b) A physical examination conducted
under this chapter shall be performed only by a licensed
physician or other appropriate licensed health care
practitioner.

(c) A mental examination conducted
under this chapter shall be performed only by a licensed
physician, or by a licensed clinical psychologist who
holds a doctoral degree in psychology and has had at
least five years of postgraduate experience in the
diagnosis of emotional and mental disorders.

2032 .210. As used in this article,
"plaintiff" includes a cross-complainant, and
"defendant" includes a cross-defendant.

2032 .220.
(a) In any case in which a plaintiff is seeking recovery
for personal injuries, any defendant may demand one
physical examination of the plaintiff, if both of the
following conditions are satisfied:
(1) The examination does not include any diagnostic test
or procedure that is painful, protracted, or intrusive.
(2) The examination is conducted at a location within 75
miles of the residence of the examinee.

(b) A defendant may make a demand
under this article without leave of court after that
defendant has been served or has appeared in the action,
whichever occurs first.

(c) A demand under subdivision (a)
shall specify the time, place, manner, conditions,
scope, and nature of the examination, as well as the
identity and the specialty, if any, of the physician who
will perform the examination.

(d) A physical examination demanded
under subdivision (a) shall be scheduled for a date that
is at least 30 days after service of the demand. On
motion of the party demanding the examination, the court
may shorten this time.

(e) The defendant shall serve a copy
of the demand under subdivision (a) on the plaintiff and
on all other parties who have appeared in the action.

2032 .230. (a) The plaintiff to whom
a demand for a physical examination under this article
is directed shall respond to the demand by a written
statement that the examinee will comply with the demand
as stated, will comply with the demand as specifically
modified by the plaintiff, or will refuse, for reasons
specified in the response, to submit to the demanded
physical examination.

(b) Within 20 days after service of
the demand the plaintiff to whom the demand is directed
shall serve the original of the response to it on the
defendant making the demand, and a copy of the response
on all other parties who have appeared in the action. On
motion of the defendant making the demand, the court may
shorten the time for response. On motion of the
plaintiff to whom the demand is directed, the court may
extend the time for response.

2032 .240. (a) If a plaintiff to
whom a demand for a physical examination under this
article is directed fails to serve a timely response to
it, that plaintiff waives any objection to the demand.
The court, on motion, may relieve that plaintiff from
this waiver on its determination that both of the
following conditions are satisfied:
(1) The plaintiff has subsequently served a response
that is in substantial compliance with Section 2032
.230.
(2) The plaintiff's failure to serve a timely response
was the result of mistake, inadvertence, or excusable
neglect.

(b) The defendant may move for an
order compelling response and compliance with a demand
for a physical examination.

(c) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion to compel
response and compliance with a demand for a physical
examination, unless it finds that the one subject to the
sanction acted with substantial justification or that
other circumstances make the imposition of the sanction
unjust.

(d) If a plaintiff then fails to
obey the order compelling response and compliance, the
court may make those orders that are just, including the
imposition of an issue sanction, an evidence sanction,
or a terminating sanction under Chapter 7 (commencing
with Section 2023.010). In lieu of or in addition to
that sanction the court may impose a monetary sanction
under Chapter 7 (commencing with Section 2023.010).

2032 .250. (a) If a defendant who
has demanded a physical examination under this article,
on receipt of the plaintiff's response to that demand,
deems that any modification of the demand, or any
refusal to submit to the physical examination is
unwarranted, that defendant may move for an order
compelling compliance with the demand. This motion shall
be accompanied by a meet and confer declaration under
Section 2016.040.

(b) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion to compel
compliance with a demand for a physical examination,
unless it finds that the one subject to the sanction
acted with substantial justification or that other
circumstances make the imposition of the sanction
unjust.

2032 .260. (a) The demand for a
physical examination under this article and the response
to it shall not be filed with the court.

(b) The defendant shall retain both
the original of the demand, with the original proof of
service affixed to it, and the original response until
six months after final disposition of the action. At
that time, the original may be destroyed, unless the
court, on motion of any party and for good cause shown,
orders that the originals be preserved for a longer
period.

2032.310 .
(a) If any party desires to obtain discovery by a
physical examination other than that described in
Article 2 (commencing with Section 2032 .210), or by a
mental examination, the party shall obtain leave of
court.

(b) A motion for an examination
under subdivision (a) shall specify the time, place,
manner, conditions, scope, and nature of the
examination, as well as the identity and the specialty,
if any, of the person or persons who will perform the
examination. The motion shall be accompanied by a meet
and confer declaration under Section 2016.040.

(c) Notice of the motion shall be
served on the person to be examined and on all parties
who have appeared in the action.

2032.320.
(a) The court shall grant a motion for a physical or
mental examination under Section 2032.310 only for good
cause shown.

(b) If a party stipulates as
provided in subdivision (c), the court shall not order a
mental examination of a person for whose personal
injuries a recovery is being sought except on a showing
of exceptional circumstances.

(c) A stipulation by a party under
this subdivision shall include both of the following:
(1) A stipulation that no claim is being made for mental
and emotional distress over and above that usually
associated with the physical injuries claimed.
(2) A stipulation that no expert testimony regarding
this usual mental and emotional distress will be
presented at trial in support of the claim for damages.

(d) An order granting a physical or
mental examination shall specify the person or persons
who may perform the examination, as well as the time,
place, manner, diagnostic tests and procedures,
conditions, scope, and nature of the examination.

(e) If the place of the examination
is more than 75 miles from the residence of the person
to be examined, an order to submit to it shall be
entered only if both of the following conditions are
satisfied:
(1) The court determines that there is good cause for
the travel involved.
(2) The order is conditioned on the advancement by the
moving party of the reasonable expenses and costs to the
examinee for travel to the place of examination.

2032 .410.
If a party is required to submit to a physical or mental
examination under Articles 2 (commencing with Section
2032 .210) or 3 (commencing with Section 2032 . 310 ),
or under Section 2016.030, but fails to do so, the
court, on motion of the party entitled to the
examination, may make those orders that are just,
including the imposition of an issue sanction, an
evidence sanction, or a terminating sanction under
Chapter 7 (commencing with Section 2023.010). In lieu of
or in addition to that sanction, the court may, on
motion of the party, impose a monetary sanction under
Chapter 7 (commencing with Section 2023.010).

2032 .420. If a party is required to
produce another for a physical or mental examination
under Articles 2 (commencing with Section 2032 .210) or
3 (commencing with Section 2032 . 310 ), or under
Section 2032 .030, but fails to do so, the court, on
motion of the party entitled to the examination, may
make those orders that are just, including the
imposition of an issue sanction, an evidence sanction,
or a terminating sanction under Chapter 7 (commencing
with Section 2023.010), unless the party failing to
comply demonstrates an inability to produce that person
for examination. In lieu of or in addition to that
sanction, the court may impose a monetary sanction under
Chapter 7 (commencing with Section 2023.010).

2032 .510.
(a) The attorney for the examinee or for a party
producing the examinee, or that attorney's
representative, shall be permitted to attend and observe
any physical examination conducted for discovery
purposes, and to record stenographically or by by audio
technology any words spoken to or by the examinee during
any phase of the examination.

(b) The observer under subdivision
(a) may monitor the examination, but shall not
participate in or disrupt it.

(c) If an attorney's representative
is to serve as the observer, the representative shall be
authorized to so act by a writing subscribed by the
attorney which identifies the representative.

(d) If in the judgment of the
observer the examiner becomes abusive to the examinee or
undertakes to engage in unauthorized diagnostic tests
and procedures, the observer may suspend it to enable
the party being examined or producing the examinee to
make a motion for a protective order.

(e) If the observer begins to
participate in or disrupt the examination, the person
conducting the physical examination may suspend the
examination to enable the party at whose instance it is
being conducted to move for a protective order.

(f) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion for a
protective order under this section, unless it finds
that the one subject to the sanction acted with
substantial justification or that other circumstances
make the imposition of the sanction unjust.

2032 .520. If an examinee submits or
authorizes access to X-rays of any area of his or her
body for inspection by the examining physician, no
additional X-rays of that area may be taken by the
examining physician except with consent of the examinee
or on order of the court for good cause shown.

2032 .530. (a) The examiner and
examinee shall have the right to record a mental
examination by audio technology.

(b) Nothing in this title shall be
construed to alter, amend, or affect existing case law
with respect to the presence of the attorney for the
examinee or other persons during the examination by
agreement or court order.

2032 .610.
(a) If a party submits to, or produces another for, a
physical or mental examination in compliance with a
demand under Article 2 (commencing with Section 2032
.210), an order of court under Article 3 (commencing
with Section 2032 . 310 ), or an agreement under Section
2016.030, that party has the option of making a written
demand that the party at whose instance the examination
was made deliver both of the following to the demanding
party:
(1) A copy of a detailed written report setting out the
history, examinations, findings, including the results
of all tests made, diagnoses, prognoses, and conclusions
of the examiner.
(2) A copy of reports of all earlier examinations of the
same condition of the examinee made by that or any other
examiner.

(b) If the option under subdivision
(a) is exercised, a copy of the requested reports shall
be delivered within 30 days after service of the demand,
or within 15 days of trial, whichever is earlier.

(c) In the circumstances described
in subdivision (a), the protection for work product
under Chapter 4 (commencing with Section 2018.010) is
waived, both for the examiner 's writings and reports
and to the taking of the examiner's testimony.

2032 .620. (a) If the party at whose
instance an examination was made fails to make a timely
delivery of the reports demanded under Section 2032
.610, the demanding party may move for an order
compelling their delivery. This motion shall be
accompanied by a meet and confer declaration under
Section 2016.040.

(b) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion to compel
delivery of medical reports under this section, unless
it finds that the one subject to the sanction acted with
substantial justification or that other circumstances
make the imposition of the sanction unjust.

(c) If a party then fails to obey an
order compelling delivery of demanded medical reports,
the court may make those orders that are just, including
the imposition of an issue sanction, an evidence
sanction, or a terminating sanction under Chapter 7
(commencing with Section 2023.010). In lieu of or in
addition to those sanctions, the court may impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010). The court shall exclude at trial the
testimony of any examiner whose report has not been
provided by a party.

2032 .630. By demanding and
obtaining a report of a physical or mental examination
under Section 2032 .610 or 2032 .620, or by taking the
deposition of the examiner, other than under Article 3
(commencing with Section 2034.410) of Chapter 18, the
party who submitted to, or produced another for, a
physical or mental examination waives in the pending
action, and in any other action involving the same
controversy, any privilege, as well as any protection
for work product under Chapter 4 (commencing with
Section 2018.010), that the party or other examinee may
have regarding reports and writings as well as the
testimony of every other physician, psychologist, or
licensed health care practitioner who has examined or
may thereafter examine the party or other examinee in
respect of the same physical or mental condition.

2032 .640. A
party receiving a demand for a report under Section 2032
.610 is entitled at the time of compliance to receive in
exchange a copy of any existing written report of any
examination of the same condition by any other
physician, psychologist, or licensed health care
practitioner. In addition, that party is entitled to
receive promptly any later report of any previous or
subsequent examination of the same condition, by any
physician, psychologist, or licensed health care
practitioner.

2032 .650. (a) If a party who has
demanded and received delivery of medical reports under
Section 2032 .610 fails to deliver existing or later
reports of previous or subsequent examinations under
Section 2032 .640, a party who has complied with Section
2032 .610 may move for an order compelling delivery of
medical reports. This motion shall be accompanied by a
meet and confer declaration under Section 2016.040.

(b) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion to compel
delivery of medical reports under this section, unless
it finds that the one subject to the sanction acted with
substantial justification or that other circumstances
make the imposition of the sanction unjust.

(c) If a party then fails to obey an
order compelling delivery of medical reports, the court
may make those orders that are just, including the
imposition of an issue sanction, an evidence sanction,
or a terminating sanction under Chapter 7 (commencing
with Section 2023.010). In lieu of or in addition to the
sanction, the court may impose a monetary sanction under
Chapter 7 (commencing with Section 2023.010). The court
shall exclude at trial the testimony of any health care
practitioner whose report has not been provided by a
party ordered to do so by the court.

Effect§2033.410
Conclusive against party admitting in
pending action§2033.420
Expenses of proof if fail to admit

Form Interrogatories and Requests for
Admissions§2033.710
Judicial Council forms§2033.720
Victims restitution§2033.730
Advisory committee§2033.710
Optional use

2033 .010. Any party may obtain
discovery within the scope delimited by Chapters 2
(commencing with Section 2017.010) and 3 (commencing
with Section 2017.710), and subject to the restrictions
set forth in Chapter 5 (commencing with Section
2019.010), by a written request that any other party to
the action admit the genuineness of specified documents,
or the truth of specified matters of fact, opinion
relating to fact, or application of law to fact. A
request for admission may relate to a matter that is in
controversy between the parties.

2033 .020. (a) A defendant may
make requests for admission by a party without leave of
court at any time.

(b) A plaintiff may make requests
for admission by a party without leave of court at any
time that is 10 days after the service of the summons
on, or, in unlawful detainer actions, five days after
the service of the summons on, or appearance by, that
party, whichever occurs first.

(c) Notwithstanding subdivision (b),
on motion with or without notice, the court, for good
cause shown, may grant leave to a plaintiff to make
requests for admission at an earlier time.

2033
.030. (a) No party shall request, as a matter of right,
that any other party admit more than 35 matters that do
not relate to the genuineness of documents. If the
initial set of admission requests does not exhaust this
limit, the balance may be requested in subsequent sets.

(b) Unless a declaration as
described in Section 2033 .050 has been made, a party
need only respond to the first 35 admission requests
served that do not relate to the genuineness of
documents, if that party states an objection to the
balance under Section 2033 .230 on the ground that the
limit has been exceeded.

(c) The number of requests for
admission of the genuineness of documents is not limited
except as justice requires to protect the responding
party from unwarranted annoyance, embarrassment,
oppression, or undue burden and expense.

2033 .040. (a) Subject to the right of the responding
party to seek a protective order under Section 2033
.080, any party who attaches a supporting declaration as
described in Section 2033 .050 may request a greater
number of admissions by another party if the greater
number is warranted by the complexity or the quantity of
the existing and potential issues in the particular
case.

(b) If the responding party seeks a
protective order on the ground that the number of
requests for admission is unwarranted, the propounding
party shall have the burden of justifying the number of
requests for admission.

2033 .050. Any party who is
requesting or who has already requested more than 35
admissions not relating to the genuineness of documents
by any other party shall attach to each set of requests
for admissions a declaration containing substantially
the following words:

DECLARATION FOR
ADDITIONAL DISCOVERY

I, __________, declare: 1. I am (a
party to this action or proceeding appearing in propria
persona) (presently the attorney for __________, a party
to this action or proceeding). 2. I am propounding to
__________ the attached set of requests for admission.
3. This set of requests for admission will cause the
total number of requests propounded to the party to whom
they are directed to exceed the number of requests
permitted by Section 2033 .030 of the Code of Civil
Procedure . 4. I have previously propounded a total of
__________ requests for admission to this party. 5. This
set of requests for admission contains a total of
__________ requests. 6. I am familiar with the issues
and the previous discovery conducted by all of the
parties in this case. 7. I have personally examined each
of the requests in this set of requests for admission.
8. This number of requests for admission is warranted
under Section 2033 .040 of the Code of Civil Procedure
because __________. (Here state the reasons why the
complexity or the quantity of issues in the instant
lawsuit warrant this number of requests for admission.)
9. None of the requests in this set of requests is being
propounded for any improper purpose, such as to harass
the party, or the attorney for the party, to whom it is
directed, or to cause unnecessary delay or needless
increase in the cost of litigation. I declare under
penalty of perjury under the laws of California that the
foregoing is true and correct, and that this declaration
was executed on __________.

2033
.060. (a) A party requesting admissions shall number
each set of requests consecutively.

(b) In the first paragraph
immediately below the title of the case, there shall
appear the identity of the party requesting the
admissions, the set number, and the identity of the
responding party.

(c) Each request for admission in a
set shall be separately set forth and identified by
letter or number.

(d) Each request for admission shall
be full and complete in and of itself. No preface or
instruction shall be included with a set of admission
requests unless it has been approved under Chapter 17
(commencing with Section 2033 .710).

(e) Any term specially defined in a
request for admission shall be typed with all letters
capitalized whenever the term appears.

(f) No request for admission shall
contain subparts, or a compound, conjunctive, or
disjunctive request unless it has been approved under
Chapter 17 (commencing with Section 2033 .710).

(g) A party requesting an admission
of the genuineness of any documents shall attach copies
of those documents to the requests, and shall make the
original of those documents available for inspection on
demand by the party to whom the requests for admission
are directed.

(h) No party shall combine in a
single document requests for admission with any other
method of discovery.

2033 .070. The party
requesting admissions shall serve a copy of them on the
party to whom they are directed and on all other parties
who have appeared in the action.

2033 .080. (a) When requests
for admission have been made, the responding party may
promptly move for a protective order. This motion shall
be accompanied by a meet and confer declaration under
Section 2016.040.

(b) The court, for good cause shown,
may make any order that justice requires to protect any
party from unwarranted annoyance, embarrassment,
oppression, or undue burden and expense. This protective
order may include, but is not limited to, one or more of
the following directions:
(1) That the set of admission requests, or particular
requests in the set, need not be answered at all.
(2) That, contrary to the representations made in a
declaration submitted under Section 2033 .050, the
number of admission requests is unwarranted.
(3) That the time specified in Section 2033 .250 to
respond to the set of admission requests, or to
particular requests in the set, be extended.
(4) That a trade secret or other confidential research,
development, or commercial information not be admitted
or be admitted only in a certain way.
(5) That some or all of the answers to requests for
admission be sealed and thereafter opened only on order
of the court.

(c) If the motion for a protective
order is denied in whole or in part, the court may order
that the responding party provide or permit the
discovery against which protection was sought on terms
and conditions that are just.

(d) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion for a
protective order under this section, unless it finds
that the one subject to the sanction acted with
substantial justification or that other circumstances
make the imposition of the sanction unjust.

2033 .210. (a) The party to whom
requests for admission have been directed shall respond
in writing under oath separately to each request.

(b) Each response shall answer the
substance of the requested admission, or set forth an
objection to the particular request.

(c) In the first paragraph of the
response immediately below the title of the case, there
shall appear the identity of the responding party, the
set number, and the identity of the requesting party.

(d) Each answer or objection in the
response shall bear the same identifying number or
letter and be in the same sequence as the corresponding
request, but the text of the particular request need not
be
repeated.
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2033
.220. (a) Each answer in a response to requests for
admission shall be as complete and straightforward as
the information reasonably available to the responding
party permits.

(b) Each answer shall:
(1) Admit so much of the matter involved in the request
as is true, either as expressed in the request itself or
as reasonably and clearly qualified by the responding
party.
(2) Deny so much of the matter involved in the request
as is untrue.
(3) Specify so much of the matter involved in the
request as to the truth of which the responding party
lacks sufficient information or knowledge.

(c) If a responding party gives lack
of information or knowledge as a reason for a failure to
admit all or part of a request for admission, that party
shall state in the answer that a reasonable inquiry
concerning the matter in the particular request has been
made, and that the information known or readily
obtainable is insufficient to enable that party to admit
the matter.

2033 .230. (a) If only a part
of a request for admission is objectionable, the
remainder of the request shall be answered.

(b) If an objection is made to a
request or to a part of a request, the specific ground
for the objection shall be set forth clearly in the
response. If an objection is based on a claim of
privilege, the particular privilege invoked shall be
clearly stated. If an objection is based on a claim that
the matter as to which an admission is requested is
protected work product under Chapter 4 (commencing with
Section 2018.010), that claim shall be expressly
asserted.

2033 .240. (a) The party to
whom the requests for admission are directed shall sign
the response under oath, unless the response contains
only objections.

(b) If that party is a public or
private corporation, or a partnership or association or
governmental agency, one of its officers or agents shall
sign the response under oath on behalf of that party. If
the officer or agent signing the response on behalf of
that party is an attorney acting in that capacity for
the party, that party waives any lawyer-client privilege
and any protection for work product under Chapter 4
(commencing with Section 2018.010) during any subsequent
discovery from that attorney concerning the identity of
the sources of the information contained in the
response.

(c) The attorney for the responding
party shall sign any response that contains an
objection.

2033 .250. Within 30 days after service of requests for
admission, or in unlawful detainer actions within five
days after service of requests for admission, the party
to whom the requests are directed shall serve the
original of the response to them on the requesting
party, and a copy of the response on all other parties
who have appeared, unless on motion of the requesting
party the court has shortened the time for response, or
unless on motion of the responding party the court has
extended the time for response. In unlawful detainer
actions, the party to whom the request is directed shall
have at least five days from the date of service to
respond unless on motion of the requesting party the
court has shortened the time for response.

2033 .260. (a) The party
requesting admissions and the responding party may agree
to extend the time for service of a response to a set of
admission requests, or to particular requests in a set,
to a date beyond that provided in Section 2033 .250.

(b) This agreement may be informal,
but it shall be confirmed in a writing that specifies
the extended date for service of a response.

(c) Unless this agreement expressly
states otherwise, it is effective to preserve to the
responding party the right to respond to any request for
admission to which the agreement applies in any manner
specified in Sections 2033 .210, 2033 .220, and 2033
.230.

(d) Notice of this agreement shall
be given by the responding party to all other parties
who were served with a copy of the request.

2033 .270. (a) The requests for admission and the
response to them shall not be filed with the court.

(b) The party requesting admissions
shall retain both the original of the requests for
admission, with the original proof of service affixed to
them, and the original of the sworn response until six
months after final disposition of the action. At that
time, both originals may be destroyed, unless the court,
on motion of any party and for good cause shown, orders
that the originals be preserved for a longer period.

2033 .280. If a party to whom
requests for admission are directed fails to serve a
timely response, the following rules apply: (a) The
party to whom the requests for admission are directed
waives any objection to the requests, including one
based on privilege or on the protection for work product
under Chapter 4 (commencing with Section 2018.010). The
court, on motion, may relieve that party from this
waiver on its determination that both of the following
conditions are satisfied:
(1) The party has subsequently served a response that is
in substantial compliance with Sections 2033 .210, 2033
.220, and 2033 .230.
(2) The party's failure to serve a timely response was
the result of mistake, inadvertence, or excusable
neglect.

(b) The requesting party may move
for an order that the genuineness of any documents and
the truth of any matters specified in the requests be
deemed admitted, as well as for a monetary sanction
under Chapter 7 (commencing with Section 2023.010).

(c) The court shall make this order,
unless it finds that the party to whom the requests for
admission have been directed has served, before the
hearing on the motion, a proposed response to the
requests for admission that is in substantial compliance
with Section 2033.220. It is mandatory that the court
impose a monetary sanction under Chapter 7 (commencing
with Section 2023.010) on the party or attorney, or
both, whose failure to serve a timely response to
requests for admission necessitated this motion.

2033 .290. (a) On receipt of a
response to requests for admissions, the party
requesting admissions may move for an order compelling a
further response if that party deems that either or both
of the following apply: (1) An answer to a particular
request is evasive or incomplete. (2) An objection to a
particular request is without merit or too general.

(b) A motion under subdivision (a)
shall be accompanied by a meet and confer declaration
under Section 2016.040.

(c) Unless notice of this motion is
given within 45 days of the service of the response, or
any supplemental response, or any specific later date to
which the requesting party and the responding party have
agreed in writing, the requesting party waives any right
to compel further response to the requests for
admission.

(d) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion to compel
further response, unless it finds that the one subject
to the sanction acted with substantial justification or
that other circumstances make the imposition of the
sanction unjust.

(e) If a party then fails to obey an
order compelling further response to requests for
admission, the court may order that the matters involved
in the requests be deemed admitted. In lieu of or in
addition to this order, the court may impose a monetary
sanction under Chapter 7 (commencing with Section
2023.010).
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2033 .300. (a) A party may withdraw
or amend an admission made in response to a request for
admission only on leave of court granted after notice to
all parties.

(b) The court may permit withdrawal
or amendment of an admission only if it determines that
the admission was the result of mistake, inadvertence,
or excusable neglect, and that the party who obtained
the admission will not be substantially prejudiced in
maintaining that party's action or defense on the
merits.

(c) The court may impose conditions
on the granting of the motion that are just, including,
but not limited to, the following:
(1) An order that the party who obtained the admission
be permitted to pursue additional discovery related to
the matter involved in the withdrawn or amended
admission.
(2) An order that the costs of any additional discovery
be borne in whole or in part by the party withdrawing or
amending the admission.

2033 . 410
. (a) Any matter admitted in response to a request for
admission is conclusively established against the party
making the admission in the pending action, unless the
court has permitted withdrawal or amendment of that
admission under Section 2033 .300.

(b) Notwithstanding subdivision (a),
any admission made by a party under this section is
binding only on that party and is made for the purpose
of the pending action only. It is not an admission by
that party for any other purpose, and it shall not be
used in any manner against that party in any other
proceeding.

2033 .420.
(a) If a party fails to admit the genuineness of any
document or the truth of any matter when requested to do
so under this chapter, and if the party requesting that
admission thereafter proves the genuineness of that
document or the truth of that matter, the party
requesting the admission may move the court for an order
requiring the party to whom the request was directed to
pay the reasonable expenses incurred in making that
proof, including reasonable attorney's fees.

(b) The court shall make this order
unless it finds any of the following:

(1) An
objection to the request was sustained or a response to
it was waived under Section 2033 .290.
(2) The admission sought was of no substantial
importance.
(3) The party failing to make the admission had
reasonable ground to believe that that party would
prevail on the matter.
(4) There was other good reason for the failure to
admit.

2033 .710. The Judicial Council
shall develop and approve official form interrogatories
and requests for admission of the genuineness of any
relevant documents or of the truth of any relevant
matters of fact for use in any civil action in a state
court based on personal injury, property damage,
wrongful death, unlawful detainer, breach of contract,
family law, or fraud and for any other civil actions the
Judicial Council deems appropriate.

2033 .720. (a) The Judicial Council shall develop and
approve official form interrogatories for use by a
victim who has not received complete payment of a
restitution order made pursuant to Section 1202.4 of the
Penal Code.

(b) Notwithstanding whether a victim
initiates or maintains an action to satisfy the unpaid
restitution order, a victim may propound the form
interrogatories approved pursuant to this section once
each calendar year. The defendant subject to the
restitution order shall, in responding to the
interrogatories propounded, provide current information
regarding the nature, extent, and location of any
assets, income, and liabilities in which the defendant
claims a present or future
interest.
top of page

2033 .730. (a) In developing the form interrogatories
and requests for admission required by Sections 2033
.710 and 2033 .720, the Judicial Council shall consult
with a representative advisory committee which shall
include, but not be limited to, representatives of all
of the following: (1) The plaintiff's bar. (2) The
defense bar. (3) The public interest bar. (4) Court
administrators. (5) The public.

(b) The form interrogatories and
requests for admission shall be drafted in nontechnical
language.

2033 .740. (a) Use of the form interrogatories and
requests for admission approved by the Judicial Council
shall be optional.

(b) The form interrogatories and
requests for admission shall be made available through
the office of the clerk of the appropriate trial court.

(c) The Judicial Council shall
promulgate any necessary rules to govern the use of the
form interrogatories and requests for admission.

2034 .010. This chapter does not
apply to exchanges of lists of experts and valuation
data in eminent domain proceedings under Chapter 7
(commencing with Section 1258.010) of Title 7 of Part 3.

2034 .210. After the setting of the
initial trial date for the action, any party may obtain
discovery by demanding that all parties simultaneously
exchange information concerning each other's expert
trial witnesses to the following extent:

(a) Any party may demand a mutual
and simultaneous exchange by all parties of a list
containing the name and address of any natural person,
including one who is a party, whose oral or deposition
testimony in the form of an expert opinion any party
expects to offer in evidence at the trial.

(b) If any expert designated by a
party under subdivision (a) is a party or an employee of
a party, or has been retained by a party for the purpose
of forming and expressing an opinion in anticipation of
the litigation or in preparation for the trial of the
action, the designation of that witness shall include or
be accompanied by an expert witness declaration under
Section 2034 .260.

(c) Any party may also include a
demand for the mutual and simultaneous production for
inspection and copying of all discoverable reports and
writings, if any, made by any expert described in
subdivision (b) in the course of preparing that expert's
opinion.

2034 .220. Any party may make a
demand for an exchange of information concerning expert
trial witnesses without leave of court. A party shall
make this demand no later than the 10th day after the
initial trial date has been set, or 70 days before that
trial date, whichever is closer to the trial date.

2034 .230. (a) A demand for an
exchange of information concerning expert trial
witnesses shall be in writing and shall identify, below
the title of the case, the party making the demand. The
demand shall state that it is being made under this
chapter.

(b) The demand shall specify the
date for the exchange of lists of expert trial
witnesses, expert witness declarations, and any demanded
production of writings. The specified date of exchange
shall be 50 days before the initial trial date, or 20
days after service of the demand, whichever is closer to
the trial date, unless the court, on motion and a
showing of good cause, orders an earlier or later date
of exchange.

2034 .240. The party demanding an
exchange of information concerning expert trial
witnesses shall serve the demand on all parties who have
appeared in the action.

2034 .250. (a) A party who has been
served with a demand to exchange information concerning
expert trial witnesses may promptly move for a
protective order. This motion shall be accompanied by a
meet and confer declaration under Section 2016.040.

(b) The court, for good cause
shown, may make any order that justice requires to
protect any party from unwarranted annoyance,
embarrassment, oppression, or undue burden and expense.
The protective order may include, but is not limited to,
one or more of the following directions:
(1) That the demand be quashed because it was not timely
served.
(2) That the date of exchange be earlier or later than
that specified in the demand.
(3) That the exchange be made only on specified terms
and conditions.
(4) That the production and exchange of any reports and
writings of experts be made at a different place or at a
different time than specified in the demand.
(5) That some or all of the parties be divided into
sides on the basis of their identity of interest in the
issues in the action, and that the designation of any
experts as described in subdivision (b) of Section 2034
.210 be made by any side so created.
(6) That a party or a side reduce the list of employed
or retained experts designated by that party or side
under subdivision (b) of Section 2034 .210.

(c) If the motion for a protective
order is denied in whole or in part, the court may order
that the parties against whom the motion is brought,
provide or permit the discovery against which the
protection was sought on those terms and conditions that
are just.

(d) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion for a
protective order under this section, unless it finds
that the one subject to the sanction acted with
substantial justification or that other circumstances
make the imposition of the sanction unjust.

2034 .260. (a) All parties who have
appeared in the action shall exchange information
concerning expert witnesses in writing on or before the
date of exchange specified in the demand. The exchange
of information may occur at a meeting of the attorneys
for the parties involved or by a mailing on or before
the date of exchange.

(b) The exchange of expert witness
information shall include either of the following:
(1) A list setting forth the name and address of any
person whose expert opinion that party expects to offer
in evidence at the trial.
(2) A statement that the party does not presently intend
to offer the testimony of any expert witness.

(c) If any witness on the list is an
expert as described in subdivision (b) of Section 2034
.210, the exchange shall also include or be accompanied
by an expert witness declaration signed only by the
attorney for the party designating the expert, or by
that party if that party has no attorney. This
declaration shall be under penalty of perjury and shall
contain:
(1) A brief narrative statement of the qualifications of
each expert.
(2) A brief narrative statement of the general substance
of the testimony that the expert is expected to give.
(3) A representation that the expert has agreed to
testify at the trial.
(4) A representation that the expert will be
sufficiently familiar with the pending action to submit
to a meaningful oral deposition concerning the specific
testimony, including any opinion and its basis, that the
expert is expected to give at trial.
(5) A statement of the expert's hourly and daily fee for
providing deposition testimony and for consulting with
the retaining attorney.

2034 .270. If a demand for an
exchange of information concerning expert trial
witnesses includes a demand for production of reports
and writings as described in subdivision (c) of Section
2034 .210, all parties shall produce and exchange, at
the place and on the date specified in the demand, all
discoverable reports and writings, if any, made by any
designated expert described in subdivision (b) of
Section 2034 .210.

2034 .280. (a) Within 20 days after
the exchange described in Section 2034 .260, any party
who engaged in the exchange may submit a supplemental
expert witness list containing the name and address of
any experts who will express an opinion on a subject to
be covered by an expert designated by an adverse party
to the exchange, if the party supplementing an expert
witness list has not previously retained an expert to
testify on that subject.

(b) This supplemental list shall be
accompanied by an expert witness declaration under
subdivision (c) of Section 2034 .260 concerning those
additional experts, and by all discoverable reports and
writings, if any, made by those additional experts.

(c) The party shall also make those
experts available immediately for a deposition under
Article 3 (commencing with Section 2034 .410), which
deposition may be taken even though the time limit for
discovery under Chapter 8 (commencing with Section
2024.010) has expired.

2034 .290. (a) A demand for an
exchange of information concerning expert trial
witnesses, and any expert witness lists and declarations
exchanged shall not be filed with the court.

(b) The party demanding the exchange
shall retain both the original of the demand, with the
original proof of service affixed, and the original of
all expert witness lists and declarations exchanged in
response to the demand until six months after final
disposition of the action. At that time, all originals
may be destroyed unless the court, on motion of any
party and for good cause shown, orders that the
originals be preserved for a longer period.

(c) Notwithstanding subdivisions (a)
and (b), a demand for exchange of information concerning
expert trial witnesses, and all expert witness lists and
declarations exchanged in response to it, shall be
lodged with the court when their contents become
relevant to an issue in any pending matter in the
action.

2034 .300. Except as provided in
Section 2034 .310 and in Articles 4 (commencing with
Section 2034 .610) and 5 (commencing with Section 2034
.710), on objection of any party who has made a complete
and timely compliance with Section 2034 .260, the trial
court shall exclude from evidence the expert opinion of
any witness that is offered by any party who has
unreasonably failed to do any of the following:
(a) List that witness as an expert under Section 2034
.260.
(b) Submit an expert witness declaration.
(c) Produce reports and writings of expert witnesses
under Section 2034 .270.
(d) Make that expert available for a deposition under
Article 3 (commencing with Section 2034 .410).

2034 .310. A party may call as a
witness at trial an expert not previously designated by
that party if either of the following conditions is
satisfied:
(a) That expert has been designated by another party and
has thereafter been deposed under Article 3 (commencing
with Section 2034 .410).
(b) That expert is called as a witness to impeach the
testimony of an expert witness offered by any other
party at the trial. This impeachment may include
testimony to the falsity or nonexistence of any fact
used as the foundation for any opinion by any other
party's expert witness, but may not include testimony
that contradicts the opinion.

2034 .410. On receipt of an expert
witness list from a party, any other party may take the
deposition of any person on the list. The procedures for
taking oral and written depositions set forth in
Chapters 9 (commencing with Section 2025.010), 10
(commencing with Section 2026.010), and 11 (commencing
with Section 2028.010) apply to a deposition of a listed
trial expert witness except as provided in this article.

2034 .420. The deposition of any
expert described in subdivision (b) of Section 2034 .260
shall be taken at a place that is within 75 miles of the
courthouse where the action is pending. On motion for a
protective order by the party designating an expert
witness, and on a showing of exceptional hardship, the
court may order that the deposition be taken at a more
distant place from the
courthouse.
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2034 .430. (a) Except as provided in
subdivision (f), this section applies to an expert
witness, other than a party or an employee of a party,
who is any of the following:
(1) An expert described in subdivision (b) of Section
2034 .260.
(2) A treating physician and surgeon or other treating
health care practitioner who is to be asked during the
deposition to express opinion testimony, including
opinion or factual testimony regarding the past or
present diagnosis or prognosis made by the practitioner
or the reasons for a particular treatment decision made
by the practitioner, but not including testimony
requiring only the reading of words and symbols
contained in the relevant medical record or, if those
words and symbols are not legible to the deponent, the
approximation by the deponent of what those words or
symbols are.
(3) An architect, professional engineer, or licensed
land surveyor who was involved with the original project
design or survey for which that person is asked to
express an opinion within the person's expertise and
relevant to the action or proceeding.

(b) A party desiring to depose an
expert witness described in subdivision (a) shall pay
the expert's reasonable and customary hourly or daily
fee for any time spent at the deposition from the time
noticed in the deposition subpoena, or from the time of
the arrival of the expert witness should that time be
later than the time noticed in the deposition subpoena,
until the time the expert witness is dismissed from the
deposition, regardless of whether the expert is actually
deposed by any party attending the deposition.

(c) If any counsel representing the
expert or a nonnoticing party is late to the deposition,
the expert's reasonable and customary hourly or daily
fee for the time period determined from the time noticed
in the deposition subpoena until the counsel's late
arrival, shall be paid by that tardy counsel.

(d) Notwithstanding subdivision (c),
the hourly or daily fee charged to the tardy counsel
shall not exceed the fee charged to the party who
retained the expert, except where the expert donated
services to a charitable or other nonprofit
organization.

(e) A daily fee shall only be
charged for a full day of attendance at a deposition or
where the expert was required by the deposing party to
be available for a full day and the expert necessarily
had to forego all business that the expert would
otherwise have conducted that day but for the request
that the expert be available all day for the scheduled
deposition.

(f) In a worker's compensation case
arising under Division 4 (commencing with Section 3201)
or Division 4.5 (commencing with Section 6100) of the
Labor Code, a party desiring to depose any expert on
another party's expert witness list shall pay the fee
under this section.

2034 .440. The party designating an
expert is responsible for any fee charged by the expert
for preparing for a deposition and for traveling to the
place of the deposition, as well as for any travel
expenses of the expert.

2034 .450. (a) The party taking the
deposition of an expert witness shall either accompany
the service of the deposition notice with a tender of
the expert's fee based on the anticipated length of the
deposition, or tender that fee at the commencement of
the deposition.

(b) The expert's fee shall be
delivered to the attorney for the party designating the
expert.

(c) If the deposition of the expert
takes longer than anticipated, the party giving notice
of the deposition shall pay the balance of the expert's
fee within five days of receipt of an itemized statement
from the expert.

2034 .460. (a) The service of a
proper deposition notice accompanied by the tender of
the expert witness fee described in Section 2034 .430 is
effective to require the party employing or retaining
the expert to produce the expert for the deposition.

(b) If the party noticing the
deposition fails to tender the expert's fee under
Section 2034 .430, the expert shall not be deposed at
that time unless the parties stipulate
otherwise.
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2034 .470. (a) If a party desiring
to take the deposition of an expert witness under this
article deems that the hourly or daily fee of that
expert for providing deposition testimony is
unreasonable, that party may move for an order setting
the compensation of that expert. Notice of this motion
shall also be given to the expert.

(b) A motion under subdivision (a)
shall be accompanied by a meet and confer declaration
under Section 2016.040. In any attempt at an informal
resolution under Section 2016.040, either the party or
the expert shall provide the other with all of the
following:
(1) Proof of the ordinary and customary fee actually
charged and received by that expert for similar services
provided outside the subject litigation.
(2) The total number of times the presently demanded fee
has ever been charged and received by that expert.
(3) The frequency and regularity with which the
presently demanded fee has been charged and received by
that expert within the two-year period preceding the
hearing on the motion.

(c) In addition to any other facts
or evidence, the expert or the party designating the
expert shall provide, and the court's determination as
to the reasonableness of the fee shall be based on,
proof of the ordinary and customary fee actually charged
and received by that expert for similar services
provided outside the subject litigation.

(d) In an action filed after January
1, 1994, the expert or the party designating the expert
shall also provide, and the court's determination as to
the reasonableness of the fee shall also be based on,
both of the following:
(1) The total number of times the presently demanded fee
has ever been charged and received by that expert.
(2) The frequency and regularity with which the
presently demanded fee has been charged and received by
that expert within the two-year period preceding the
hearing on the motion.

(e) The court may also consider the
ordinary and customary fees charged by similar experts
for similar services within the relevant community and
any other factors the court deems necessary or
appropriate to make its determination.

(f) Upon a determination that the
fee demanded by that expert is unreasonable, and based
upon the evidence and factors considered, the court
shall set the fee of the expert providing testimony.

(g) The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion to set the
expert witness fee, unless it finds that the one subject
to the sanction acted with substantial justification or
that other circumstances make the imposition of the
sanction unjust.

2034 . 610 . (a) On motion of any
party who has engaged in a timely exchange of expert
witness information, the court may grant leave to do
either or both of the following:
(1) Augment that party's expert witness list and
declaration by adding the name and address of any expert
witness whom that party has subsequently retained.
(2) Amend that party's expert witness declaration with
respect to the general substance of the testimony that
an expert previously designated is expected to give.

(b) A motion under subdivision (a)
shall be made at a sufficient time in advance of the
time limit for the completion of discovery under Chapter
8 (commencing with Section 2024.010) to permit the
deposition of any expert to whom the motion relates to
be taken within that time limit. Under exceptional
circumstances, the court may permit the motion to be
made at a later time.

(c) The motion shall be accompanied
by a meet and confer declaration under Section 2016.040.

2034 .620. The court shall grant
leave to augment or amend an expert witness list or
declaration only if all of the following conditions are
satisfied:
(a) The court has taken into account the extent to which
the opposing party has relied on the list of expert
witnesses.

(b) The court has determined that
any party opposing the motion will not be prejudiced in
maintaining that party's action or defense on the
merits.

(c) The court has determined either
of the following:

(1) The moving party would not in
the exercise of reasonable diligence have determined
to call that expert witness or have decided to offer
the different or additional testimony of that expert
witness.

(2) The moving party failed to
determine to call that expert witness, or to offer the
different or additional testimony of that expert
witness as a result of mistake, inadvertence,
surprise, or excusable neglect,

and the moving party has done both
of the following:
(A) Sought leave to augment or amend promptly after
deciding to call the expert witness or to offer the
different or additional testimony.
(B) Promptly thereafter served a copy of the proposed
expert witness information concerning the expert or
the testimony described in Section 2034 .260 on all
other parties who have appeared in the action.

(d) Leave to augment or amend is conditioned on the
moving party making the expert available immediately for
a deposition under Article 3 (commencing with Section
2034 .410), and on any other terms as may be just,
including, but not limited to, leave to any party
opposing the motion to designate additional expert
witnesses or to elicit additional opinions from those
previously designated, a continuance of the trial for a
reasonable period of time, and the awarding of costs and
litigation expenses to any party opposing the motion.

2034 .630. The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion to augment
or amend expert witness information, unless it finds
that the one subject to the sanction acted with
substantial justification or that other circumstances
make the imposition of the sanction unjust.

2034 .710. (a) On motion of any
party who has failed to submit expert witness
information on the date specified in a demand for that
exchange, the court may grant leave to submit that
information on a later date.

(b) A motion under subdivision (a)
shall be made a sufficient time in advance of the time
limit for the completion of discovery under Chapter 8
(commencing with Section 2024.010) to permit the
deposition of any expert to whom the motion relates to
be taken within that time limit. Under exceptional
circumstances, the court may permit the motion to be
made at a later time.

(c) The motion shall be accompanied
by a meet and confer declaration under Section 2016.040.

2034 .720. The court shall grant
leave to submit tardy expert witness information only if
all of the following conditions are satisfied:

(a) The court has taken into account
the extent to which the opposing party has relied on the
absence of a list of expert witnesses.

(b) The court has determined that
any party opposing the motion will not be prejudiced in
maintaining that party's action or defense on the
merits.

(c) The court has determined that
the moving party did all of the following:
(1) Failed to submit the information as the result of
mistake, inadvertence, surprise, or excusable neglect.
(2) Sought leave to submit the information promptly
after learning of the mistake, inadvertence, surprise,
or excusable neglect.
(3) Promptly thereafter served a copy of the proposed
expert witness information described in Section 2034
.260 on all other parties who have appeared in the
action.

(d) The order is conditioned on the
moving party making the expert available immediately for
a deposition under Article 3 (commencing with Section
2034 .410), and on any other terms as may be just,
including, but not limited to, leave to any party
opposing the motion to designate additional expert
witnesses or to elicit additional opinions from those
previously designated, a continuance of the trial for a
reasonable period of time, and the awarding of costs and
litigation expenses to any party opposing the motion.

2034 .730. The court shall impose a
monetary sanction under Chapter 7 (commencing with
Section 2023.010) against any party, person, or attorney
who unsuccessfully makes or opposes a motion to submit
tardy expert witness information, unless it finds that
the one subject to the sanction acted with substantial
justification or that other circumstances make the
imposition of the sanction unjust.

2035 .010. (a) One who expects to be
a party or expects a successor in interest to be a party
to any action that may be cognizable in any court of the
State of California, whether as a plaintiff, or as a
defendant, or in any other capacity, may obtain
discovery within the scope delimited by Chapters 2
(commencing with Section 2017.010) and 3 (commencing
with Section 2017.710), and subject to the restrictions
set forth in Chapter 5 (commencing with Section
2019.010), for the purpose of perpetuating that person's
own testimony or that of another natural person or
organization, or of preserving evidence for use in the
event an action is subsequently filed.

(b) One shall not employ the procedures of this chapter
for the purpose either of ascertaining the possible
existence of a cause of action or a defense to it, or of
identifying those who might be made parties to an action
not yet filed.

2035 .020. The methods available for
discovery conducted for the purposes set forth in
Section 2035 .010 are all of the following: (a) Oral and
written depositions.

(b) Inspections of documents,
things, and places.

(c) Physical and mental
examinations.

2035 .030. (a) One who desires to
perpetuate testimony or preserve evidence for the
purposes set forth in Section 2035 .010 shall file a
verified petition in the superior court of the county of
the residence of at least one expected adverse party,
or, if no expected adverse party is a resident of the
State of California, in the superior court of a county
where the action or proceeding may be filed.

(b)The petition shall be titled in
the name of the one who desires the perpetuation of
testimony or the preservation of evidence. The petition
shall set forth all of the following:

(1) The expectation that the petitioner or the petitioner'ssuccessor in interest will be a party to an action cognizable in acourt of the State of California. (2) The present inability of the petitioner and, if applicable,the petitioner's successor in interest either to bring that action orto cause it to be brought. (3) The subject matter of the expected action and the petitioner'sinvolvement. A copy of any written instrument the validity orconstruction of which may be called into question, or which isconnected with the subject matter of the proposed discovery, shall beattached to the petition. (4) The particular discovery methods described in Section 2035.020that the petitioner desires to employ. (5) The facts that the petitioner desires to establish by theproposed discovery. (6) The reasons for desiring to perpetuate or preserve these factsbefore an action has been filed. (7) The name or a description of those whom the petitioner expectsto be adverse parties so far as known. (8) The name and address of those from whom the discovery is to besought. (9) The substance of the information expected to be elicited fromeach of those from whom discovery is being sought.

(c) The petition shall request the
court to enter an order authorizing the petitioner to
engage in discovery by the described methods for the
purpose of perpetuating the described testimony or
preserving the described evidence.

2035 .040. (a) The petitioner shall
cause service of a notice of the petition under Section
2035 .030 to be made on each natural person or
organization named in the petition as an expected
adverse party. This service shall be made in the same
manner provided for the service of a summons.

(b) The service of the notice shall
be accompanied by a copy of the petition. The notice
shall state that the petitioner will apply to the court
at a time and place specified in the notice for the
order requested in the petition.

(c) This service shall be effected
at least 20 days prior to the date specified in the
notice for the hearing on the petition.

(d) If after the exercise of due
diligence, the petitioner is unable to cause service to
be made on any expected adverse party named in the
petition, the court in which the petition is filed shall
make an order for service by publication.

(e) If any expected adverse party
served by publication does not appear at the hearing,
the court shall appoint an attorney to represent that
party for all purposes, including the cross-examination
of any person whose testimony is taken by deposition.
The court shall order that the petitioner pay the
reasonable fees and expenses of any attorney so
appointed.

2035 .050.(a) If the court
determines that all or part of thediscovery requested
under this chapter may prevent a failure or delayof
justice, it shall make an order authorizing that
discovery. Indetermining whether to authorize discovery
by a petitioner whoexpects a successor in interest to be
a party to an action, the courtshall consider, in
addition to other appropriate factors, whether the
requested discovery could be conducted by the
petitioner'ssuccessor in interest, instead of by the
petitioner.

(b) The order shall identify any
witness whose deposition may be taken, and any
documents, things, or places that may be inspected, and
any person whose physical or mental condition may be
examined.

(c) Any authorized depositions,
inspections, and physical or mental examinations shall
then be conducted in accordance with the provisions of
this title relating to those methods of discovery in
actions that have been filed.

2035 .060. If a deposition to
perpetuate testimony has been taken either under the
provisions of this chapter, or under
comparableprovisions of the laws of the state in which
it was taken, or the federal courts, or a foreign nation
in which it was taken, that deposition may be used, in
any action involving the same subject matter that is
brought in a court of the State of California, in
accordance with Section 2025.620 against any party, or
the successor in interest of any party, named in the
petition as an expected adverse party.

2036 .010. If an appeal has been
taken from a judgment entered by any court of the State
of California, or if the time for taking an appeal has
not expired, a party may obtain discovery within the
scope delimited by Chapters 2 (commencing with Section
2017.010) and 3 (commencing with Section 2017.710), and
subject to the restrictions set forth in Chapter 5
(commencing with Section 2019.010), for the purpose of
perpetuating testimony or preserving information for use
in the event of further proceedings in that court.

2036 .020. The methods available for
discovery for the purpose set forth in Section 2036 .010
are all of the following: (a) Oral and written
depositions. (b) Inspections of documents, things, and
places. (c) Physical and mental examinations.

2036 .030. (a) A party who desires
to obtain discovery pending appeal shall obtain leave of
the court that entered the judgment. This motion shall
be made on the same notice to and service of parties as
is required for discovery sought in an action pending in
that court. (b) The motion for leave to conduct
discovery pending appeal shall set forth all of the
following: (1) The names and addresses of the natural
persons or organizations from whom the discovery is
being sought. (2) The particular discovery methods
described in Section 2036 .020 for which authorization
is being sought. (3) The reasons for perpetuating
testimony or preserving evidence.

2036 .040. (a) If the court
determines that all or part of the discovery requested
under this chapter may prevent a failure or delay of
justice in the event of further proceedings in the
action in that court, it shall make an order authorizing
that discovery. (b) The order shall identify any witness
whose deposition may be taken, and any documents,
things, or places that may be inspected, and any person
whose physical or mental condition may be examined. (c)
Any authorized depositions, inspections, and physical
and mental examinations shall then be conducted in
accordance with the provisions of this title relating to
these methods of discovery in a pending action.

2036 .050. If a deposition to
perpetuate testimony has been taken under the provisions
of this chapter, it may be used in any later proceeding
in accordance with Section 2025.620.